NOT IN AGREEMENT?
The first thing to understand about the collaborative divorce process is that it works even with couples that are not in complete agreement about everything. It’s unrealistic to think that both spouses are going to be in complete agreement about everything. This is why you work with professionals to negotiate an acceptable agreement that will work for the both of you. Once you have decided upon your own collaborative attorney to advise you during the negotiating of the settlement, you and your lawyer will sit down with your spouse and his or his lawyer. From there, both sides will review every aspect of the divorce: assets, property, children. Both sides will be presented, and through negotiation, an agreement will be reached.
If you and your spouse cannot come to an agreement during the collaborative divorce meeting, the case will then go to court. Usually at this point you will need to hire a divorce attorney, rather than continue with your collaborative divorce attorney. A family court judge will then hear both sides and provide a ruling on the final agreement.
WHY CHOOSE COLLABORATIVE DIVORCE
The collaborative divorce process makes contact with your soon to be ex spouse brief and manageable. Though there might be some give and take you will need to make, meaning you might have to give up something you were really fighting for, the overall process is less intense than having to go in front of a judge. Collaborative divorce also usually means less legal costs, as well as an agreement that has been reached by both sides. This mutual agreement tends to feel more fair and is thus, less likely to cause later disputes.
Source: AboutRelationships.com, What is Collaborative Divorce?, 2014
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