Although there are some couples who are able to settle their divorces amicably, for others, things have festered far too long for them to be able to do so. Those spouses tend to drag one another in and out of court fighting over just about everything from child custody and support to property division to alimony. Many of them would be better off trying to resolve their differences using collaborative divorce approaches.
In case you’re wondering what a collaborative divorce is, it’s a process that is more oriented toward troubleshooting and problem-solving whereas litigation is more about fighting and winning. Couples who pursue a collaborative divorce rely upon negotiation and mediation to resolve their differences.
While some family law judges in some jurisdictions require divorcing couples who are having a hard time in settling their divorce to see a collaborative law attorney, others leave it up to the spouses to pursue it.
Spouses who pursue a collaborative divorce do so because it has the potential of saving them money over what they’d have to spend to resolve their divorce in the courtroom. It also saves them time as they don’t have to adhere to a judge’s schedule to discuss pressing matters. Mediated discussions are far less informal than court hearings and couples can better determine their own destiny as opposed to a judge doing it for them.
Generally, spouses interested in pursuing a collaborative divorce will each hire their own attorneys to represent their interests. An impartial, third party licensed mediator may be called in to help broker a deal between you two. In collaborative law situations, both you and your ex’s attorney may sign a “no court” agreement. If they’re unable to help you avoid litigation, then they’ll withdraw themselves from the case.
A collaborative divorce can save you time, money and from having to endure emotional turmoil. This may allow you to keep more money in your and leave both you and your ex on better terms with one another, something that can have a positive impact on your child’s life. A Fort Myers divorce mediation attorney can help you decide whether you are ready for a new approach to resolving your differences.