Collaborative divorce is an incomprehensible term to many, making this a barrier to numerous seekers in need of this service. While it may not be a new process in the legal world, it comes with a few differences from other commonly used divorce settlement processes. The following insights offer guidance on common FAQs for collaborative divorce.
Contents
- 1 What Is Collaborative Divorce?
- 2 What Do Collaborative Negotiations Deal With?
- 3 Who Is Eligible for Collaborative Negotiations?
- 4 How Many Professionals Are Involved in the Process?
- 5 Is It Cheaper Than Court Trials?
- 6 Does Collaborative Divorce Provide a 100% Guarantee?
- 7 How Long Do Collaborative Negotiations Take?
- 8 Do Collaborative Negotiations Have a Disqualification Clause?
What Is Collaborative Divorce?
Collaborative divorce refers to an out-of-court process that allows a couple to resolve their disputes respectfully. It encourages coordination and collaboration, allowing the parties to address their financial, emotional, and legal issues amicably. Collaborative divorce in Boulder is voluntary, with both parties required to contribute equally to the negotiations.
What Do Collaborative Negotiations Deal With?
Some areas that collaborative negotiations can help you resolve include co-parenting agreements, child custody, spousal support, and medical support. If you also need clarity on your financial contracts and division of assets, it will help you explore the most suitable solutions.
Who Is Eligible for Collaborative Negotiations?
Couples who have trust in one another will be the most eligible to get into collaborative divorce. If your partner has no faith in your intentions, the negotiations will likely end with heightened disputes, jeopardizing your settlement. Individuals willing to negotiate and reach a mutual settlement will also be good candidates for collaborative talks.
How Many Professionals Are Involved in the Process?
Couples have the right to involve various professionals within the process, with the most utilized being collaborative attorneys, child specialists, financial advisors, and mediators. The attorneys will often be equipped with special training in the collaborative process, helping you eliminate any need for court trials. Child specialists will represent your children, voicing any concerns brought about in meetings held prior to the negotiations. Financial professionals and a mediator will ensure that your financial problems are handled appropriately and that the negotiations run smoothly.
Is It Cheaper Than Court Trials?
Collaborative processes will generally be cheaper than court trials. The latter often relies on numerous experts to investigate the conflicts while also requiring the services of professionals such as child experts to help explore the best course of action for the children. Not to mention the lengthy documentation that ends up eating into your legal fees. Due to the reduced number of professionals in collaboration, you get a cheaper and more effective process.
Does Collaborative Divorce Provide a 100% Guarantee?
Like every divorce settlement, collaborative negotiation is without its fault. This means that the success rate for each case will depend on the underlying dispute and the parties involved. Parties who are willing to compromise have, however, shown to get the most out of this process.
How Long Do Collaborative Negotiations Take?
Negotiations will often not be a one-size-fits-all, with various factors being determinants of the duration of your settlement. A few aspects to keep in mind include the level of commitment by both parties, the level of conflict, and the willingness to solve the issues at hand. It, however, takes a shorter time when compared to typical court procedures.
Do Collaborative Negotiations Have a Disqualification Clause?
Collaborative divorce will generally have a disqualification clause. If the couple does not come to a resolution, the clause demands that the attorneys remove themselves from the couple’s legal teams. When this happens, the couple will be required to get new representation to handle their case at trial. The presence of the disqualification clause acts as a safeguard to help both parties reach an agreement while eliminating the need for a court trial.
If you are looking for alternative dispute resolution methods for amicable divorce settlements, consider giving collaborative divorce a try. It allows you to avoid litigated settlements that often come with enormous expenses and time wastage, enabling you to get peace of mind and post-divorce stability.
