For many people, the thought of
divorce conjures images of heated arguments, lengthy and numerous courtroom sessions,
and someone not getting what they wanted. But such a scenario is in no
way guaranteed to be at the heart of a divorce. There are even ways to
help avoid it, such as using collaborative divorce methods.
What is Collaborative Divorce?
You may already be aware of
mediation, which is a divorce process that has one neutral attorney sit with both
spouses to provide legal information and guidance that hopefully steers
the couple away from complicated litigation and further stress. Collaborative
divorce has similar groundwork – trying to avoid unnecessary complexities
and troubles – but requires each spouse to have their own collaborative
divorce attorney. In collaboration, the lawyers are also given more latitude
to weigh in on topics of contention, rather than trying to remain totally neutral.
The collaborative process usually starts with each spouse meeting with
their own attorney separately to discuss what they expect out of the divorce.
Shortly after, a meeting will take place with all four people there. The
mindset of “disagreement, not dispute” is encouraged and fair
concessions are expected from both sides. Separate and group meetings
then alternate until a divorce agreement is drafted that works for each
spouse. Court is not completely avoided since the finalized divorce agreement
will need to be approved by the court eventually, but collaboration makes
it possible to have court intervention be a one-and-done situation.
If you want to convince your spouse that collaboration is the way to go,
you may want to inform them of these benefits:
- Temporary agreements can be created quickly to settle tension as the divorce proceeds.
- All relevant information will be exchanged openly.
- Legal expenses and delays will be minimized.
- Post-divorce decisions can be discusses upfront and without surprise.
- Less opportunity for disagreements to devolve into heated arguments.
At Buckmaster & Ellzey, our Daytona Beach divorce attorneys are well-versed
in numerous types of divorce processes. If you want to discuss collaborative
divorce options with our team, we encourage you to call us at
888.785.6548 and set up an
initial consultation. With our help, you may be able to get through your divorce with as little
sacrifice, conflict, and stress as possible.