While some divorces can proceed along just fine, others can quickly turn into a train wreck. But there are other ways.
In this issue, we’ll talk about the nuances of a collaborative divorce.
What is a collaborative divorce?
Also known as “collaborative law,” a collaborative divorce is a non-confrontational approach to finalizing a divorce while also addressing the usual issues involved in most divorce cases, including asset and debt division, spousal and child support, visitation, etc.
One way to look at collaborative divorce is as a sort of hybrid between a standard divorce process and mediation.
What are the differences between mediation and collaborative divorce?
There are actually quite a few differences between the two. We’ll discuss a few here.
- In mediation, both partners’ interests are represented by a neutral mediator who guides the negotiation. In collaborative divorce, both partners are represented by their own lawyer.
- In many cases, mediation is begun well after the divorce process itself. Because differences may have already come to light, the relationship between the two parties can become more soured and much money will typically have already been spent by both. Collaborative divorces, however, are generally begun before official legal proceedings have initiated, which can lead to a faster resolution and the preservation of money and emotions.
- In mediation, the mediator will often talk separately and in one-on-one conversations with spouses. In collaborative divorce, all four parties – the partners and their lawyers – are in one room together at the same time.
- While it’s just the spouses and the mediator in mediation, collaborative divorce allows for either party to bring in independent and neutral professionals (financial experts, child therapists, etc.) to help clarify certain issues.
- In mediation, the mediator will prepare a Marital Settlement Agreement (MSA) for both parties to sign. In collaborative divorce, both partners – and their lawyers – sign a contract agreeing to the terms and promise not to go to court. If, however, a settlement cannot be reached and both partners go to court, both lawyers will withdraw from the case, and you’ll get a new lawyer.
Want to Talk More About Collaborative Divorce? Call The Men’s Legal Center in San Diego
There are quite a few advantages to collaborative divorce, including the ability for both partners to work together and settle all martial issues more quickly.
To find out more, get in touch with us here at The Men’s Legal Center.
Our number is (619) 234-3838 or you can reach us via email.