Divorce is a complex and emotionally distressing process that can have lasting effects on your mental health, emotions, finances, relationships with family members, and children’s psyches. Situations become worse when you go through a contested divorce and your ex-spouse starts tossing accusations and insults to shake your position and secure a better deal for themselves. In most litigated divorces, the needs and emotional wellbeing of children are overlooked, leading to lifelong scars of the separation of the parents and absence of their love. However, these negative effects can be avoided if couples go through a collaborative divorce.
What is a Collaborative Divorce?
A traditional dissolution of marriage is an adversarial process where both spouses fight over the issues they cannot agree on in the courtroom. On the other hand, collaborative divorce involves both parties cooperating with one another on important divorce-related matters. Each spouse has a legal representative who provides guidance and helps in reaching mutually agreeable decisions pertaining to property and debt distribution, alimony, child support, allocation of parental responsibilities, and parenting time.
When is Collaborative Divorce a Suitable Option?
While collaborative divorce is an attractive option considering its low costs and non-contentious nature, most couples end their marriage in a way that it is unacceptable for them to even be in the same room with their spouse. This type of divorce is a good option under the following circumstances:
Willingness of Both Parties to Negotiate
The only way for a collaborate divorce to work out is if both spouses are willing to cooperate with each other in settling matters. However, this does not mean that you will have to agree on all demands or propositions of the other party. Moreover, it is not necessary for you and your spouse to get along well with each other as well. The key aspect is the willingness to negotiate and reach an effective resolution that is fair for all. This may require both parties to compromise on their wishes as well. To keep things calm and steady, a mediator or a third party may be present to help with the negotiations, ease any tension that may arise, and keep discussions focused on the matters at hand.
Want to Settle Matters Amicably
Couples who want to avoid the traumatic experience, negativity, and tremendous stress of courtroom battles generally opt for collaborative divorce. This may be the case with couples who have minor children. Court proceedings can take a toll on children who see their parents fight over them and other matters. Since collaborative divorce entails less emotional stress, couples also prefer this form of divorce to move ahead in their lives on a positive note.
Want to Work Out a Personalized Agreement
A court-ordered divorce decree is decided by a judge which may not fully take into account the needs of your family. Since both parties are negotiating the terms of different elements of your divorce, you can draft a personalized agreement that is best suited for you and your spouse. Moreover, you are not obligated to sign the agreement until you are satisfied with the terms – you will not have this option at your disposal in a contested divorce. However, you should keep in mind that the finalized agreement still needs to be approved by the court.
For more information about collaborative divorce, contact Casement Group, P.C. today at (847) 888-9300 to discuss your needs with an experienced and reliable attorney.