The feeling of filing for divorce is no doubt bittersweet. On the one hand, you cannot wait to get on with your own life. On the other hand, you might loathe the idea of going to war with your future ex-spouse over the family house or alimony.
Fortunately, not every divorce proceeding in Kentucky has to turn into a full-blown war. Your divorce may become less bitter more sweet with the help of a process known as collaborative divorce.
The trend of collaborative divorce
Collaborative divorce is a cooperative and structured approach to resolving divorce matters outside of court. When you and your future ex commit to collaborative divorce, you are essentially saying that you would like to achieve a mutually satisfactory divorce settlement in a results-focused and positive setting. An increasing number of divorcing couples are turning to collaborative divorce rather than going through the stress of traditional divorce litigation.
How does collaborative divorce work?
For starters, you and the other party will enter into an agreement where you promise to negotiate a resolution fairly and in good faith. In this agreement, you will also disclose every document and piece of information that is relevant your divorce case.
Next, you and the other party will meet at a neutral location to start your negotiation process. The goal is for you both, along with your attorneys, to take part in an open and positive discussion with the goal of arriving at a resolution that meets both of your needs. Collaborative divorce is not like mediation and arbitration -- which are alternative dispute resolution methods -- as no neutral person is driving your negotiation process.
Reasons to choose collaborative divorce
A major benefit of collaborative divorce is that it is typically less expensive and faster than traditional litigation. In addition, it is generally less stressful because your focus is on finding common ground rather than battling with each other over matters such as asset distribution and even child custody and visitation.
Especially if you have young children, you may find that collaborative divorce is helpful for maintaining as positive a relationship as possible with the other party as you both navigate co-parenting in the years ahead. An attorney can walk you through the collaborative divorce process and help you to determine if it is the right approach for you.