What is Collaborative Divorce and Can it Help Me?
Not every divorce involves battling it out in court with your spouse. In uncontested cases, spouses can agree on all the major issues, and they request the court to approve their settlement agreement. However, even contested divorces can be settled out of court and without completely destroying relations between the spouses. This is especially important if there are children involved who the spouses must co-parent. Collaborative divorce is one option for resolving issues without having adversarial court proceedings.
Overview of Collaborative Divorce
In a contested divorce, spouses do not fully agree on one or more issues. Such issues can include:
● Child custody and parenting plans
● Spousal support
● Property and debt division
If spouses cannot agree, they will need to go to trial, and the judge will decide the outcome of the matter. Not only can trials become highly acrimonious and personal, but the spouses will have no control over what the judge decides. Trials can take a substantial amount of time and resources. For all of these reasons, it is almost always preferable to resolve issues in a divorce out of court.
In a collaborative divorce, spouses agree to work together to agree on the major issues on their divorce before the case is even filed. They do not have to work alone, however, as they have access to a collaborative team, which will vary depending on the issues at hand. First, each spouse will hire an attorney who handles collaborative divorces. The team may also consist of any of the following neutral parties:
● Divorce coaches
● Financial planners
● Child specialists
When you begin a collaborative divorce, the spouses, their attorneys, and the team all agree to resolve the issues out of court. If the collaborative process is not a success and the couple must go to court for one or more issues, the entire team must withdraw from the divorce, including the lawyers. Each spouse will then need to start over with new attorneys and begin court proceedings.
Can You Benefit from a Collaborative Divorce?
Collaborative divorce is not for every divorcing couple. If you want a divorce that is as amicable as possible, ask the following questions:
● Does your spouse agree to the collaborative divorce process?
● Are you both willing to completely honest and open about financial information?
● Are you willing to hire attorneys who have collaborative divorce training?
● Are you both willing to forego court intervention?
● Do you want to agree but are having difficulty doing so on your own?
● Do you want to keep your personal information confidential?
If you answered “yes” to the above questions, consider discussing the possibility with a skilled collaborative divorce attorney today.
Contact Our Las Vegas Family Law Attorneys to Discuss Your Options
At Acherman Law, we know that each divorce is unique and we are prepared to help clients facing many different situations and with different goals for their divorce outcomes. Please do not hesitate to call 702-381-5615 or contact us online to request a free consultation with our Las Vegas divorce lawyers today.