When couples get married, they probably know the odds are 50-50 the marriage will not survive, but they believe it will. If they have been previously married though, they may know that with each successive marriage the likelihood of a divorce rises. This is not a good outcome, but it is today’s reality.
However, a family isn’t a statistic. If two people who are angry and hurting are the only ones directly participating in the divorce, but others are indirectly involved. If there are children, this can be traumatic for them.
What Is Collaborative Divorce?
Collaborative divorce will not work for all couples but will prove very helpful for those who would prefer to work together to settle the issues of the divorce. Some might wonder how a divorcing couple would be able to do this, it can be much easier to discuss issues in a calm, neutral environment where each spouse has their own attorney present during discussions and the goal of all present is to reach viable solutions.
A Binding Agreement Must Be Signed
All parties, the two spouses and their attorneys, must first sign a collaborative agreement, which is a binding contract that specifically requires everyone to treat the others with honesty and respect. Both spouses agree that they will not have hidden assets or issues.
A Financial Incentive to Reach Agreement
All parties are motivated financially to reach a satisfactory agreement on issues of the divorce. Property and pensions are more likely to be divided equitably when it’s all out on the table and examined objectively. Child support, custody, and visitation issues are areas that benefit most from the collaborative process. If the Court imposes conditions, they may not be ones that will work in the long term.
If an agreement is not reached after a series of meetings, the couple can go to court and they will each have to hire a new attorney, as the collaborative divorce attorney who represented them may not represent them in court if the collaborative process breaks down. No one gains financially by working against the collaborative divorce.
At Rohe, Twyman & Associates, our credo is “Trust in Our Experience” and we offer experienced and compassionate services in family law for their Florida clients. Each collaborative divorce attorney is available to provide assistance during this troubling period, so anyone who needs assistance in any area of family law should contact them.
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