A collaborative divorce is a process in which the divorcing couple can negotiate the terms of a divorce without going to court. This means that instead of litigating, the parties and their lawyers agree to work out the divorce details themselves.
Both parties and their lawyers must sign an agreement stating that they will commit to a collaborative divorce, foregoing a courtroom trial. This is also known as an uncontested divorce and it is a good way to amicably work through the couple’s differences.
What steps are taken in a collaborative divorce?
The couple seeking a collaborative divorce agrees to meet together with their respective attorneys. Together they will work out the following:
- Division of assets
- Child custody and visitation
- Spousal support
- Division of marital debts
The biggest advantage to a collaborative divorce is that the parties do not have to appear in court. Other advantages include the following:
- The cost of an uncontested divorce is far less than a courtroom trial.
- The process is much easier on the couple and their children since the potential to work things out amicably is greater than it is in a courtroom divorce.
- The amount of time invested in a collaborative divorce is considerably less than it would be if the parties go to court.
- The details of the divorce and other issues remain private.
The overall process is much easier for everyone involved. There’s minimal mud-slinging and minimal surprises. This also sets the divorcing couple up for a better relationship following the divorce when it comes to children being dropped off for visitation. Perhaps that’s why collaborative divorce is also known as “divorcing with dignity.” An experienced legal guide can help you navigate through the details of a collaborative divorce.