Deciding on getting a divorce is challenging for any couple. In making the decision to divorce, most people worry about whether or not they will be financially ok and whether their children will be emotionally ok at the end of the process.
However, what most people never think about is what they want the road to divorce to look like.
If you surveyed 100 people, you would probably have all 100 people say that they don’t want their journey through divorce to be expensive, stressful, emotionally taxing on their children, and to take a long time, and 0 people that say they would prefer the opposite.
With a traditional divorce litigation journey, the process can be all of those things: expensive, stressful, emotionally taxing, and take a long time because of court schedules and unresolved financial and child custody issues.
And what do you want the next chapter of your life to look like after such a journey? Do you want to remain friends or enemies with your former partner who may be your grandchildren’s other grandparent?
Choosing to divorce using the collaborative method allows couples to resolve their disputes quickly, cheaply all while keeping their post-divorce relationship with their former spouse intact.
What is Collaborative Divorce?
At the core of the collaborative divorce process is the agreement to not go to court.
A Collaborative divorce offers a method by which the parties jointly decide to enter the collaborative process by selecting collaboratively trained lawyers to work with them and jointly hiring additional neutral experts such as financial experts to analyze their finances and a coach to help guide them through developing a parenting plan as well as help the parties through the emotions of the process which might inhibit their ability to absorb and analyze what is going on in their case. Once formed, this collaborative team signs a participation agreement committing themselves to guiding our divorce couple and their family through the divorce journey so much so that if the collaborative process fails because one party wishes to bring a dispute in court, all members of the team, the attorneys included, must terminate their services and send the couple to new attorneys to restart the divorce process. The collaborative process is successful because everyone in the collaborative team is invested in the case to succeed, or else they are no longer involved in the case.
The collaborative process itself takes place over a series of meetings in which all parties’ concerns are enumerated and all parties’ financial documentation is exchanged. These open meetings allow the collaborative professionals to help the parties reach agreements based on what they believe is best for their family. Therefore, disputed issues are resolved a lot faster than in a traditionally litigated case where if one party has a disputed issue, they have to file a petition in the court, wait for a hearing date, and then an ultimate decision on that issue after the court hearing, before getting a resolution. In collaborative cases, disputed issues may take more than one meeting to resolve. Still, the meetings are scheduled relatively close to one another. The issues usually resolve fairly quickly, and all without the stress of walking into a courtroom and hoping some stranger, the Judge, decides the issue in your favor.
The quicker your divorce is resolved, the lower your professional fees will be and the less stressful and emotionally taxing the entire process will be. Obviously, collaborative divorce may not be an option for all divorcing couples, but for most people it is the best and most cost-effective option.
Family Values Are Our Values
At BKW Family Law, our compassionate family law attorneys care about you and your family. We want to work with you to find legal solutions that address your unique needs and concerns, allowing you to move forward with your life positively. We work hard to advocate for you and ensure the best outcome possible for your situation.
Our doors are always open if you want to explore the benefits of a collaborative divorce. Contact our office today for a confidential discussion about your situation and how we can help you and your family. We are here to support you.