Unfortunately, not all married couples live happily ever after. Nearly 50% of marriages end in divorce in the United States, with many of them resulting in heated legal battles over the distribution of property and custody agreements. While divorce can be a contentious affair, some are handled much more amicably. When divorcing couples aren’t as combative over the division of their assets and simply need guidance, a collaborative divorce can be accomplished.
A collaborative divorce is a process where you and your spouse establish a mutually satisfactory divorce agreement with the help of legal professionals. The purpose of a collaborative divorce is to avoid the need for court involvement and keep costs low. To begin, both spouses must sign a participation agreement that states that certain collaborative efforts must be followed.
Unlike mediation, each spouse hires a separate attorney to help them negotiate and both parties meet regularly to discuss the terms of their separation. In addition, other types of professionals such as custody specialists and financial advisors can be involved to help settle the case without the need for lenghty and tense litigation.
With a collaborative divorce, you can:
- Avoid expensive and lengthy legal procedures
- Form a temporary agreement and stabilize the situation
- Reduce animosity between you and your spouse
The entire process is confidential, and both spouses are given legal recommendations on how to smoothly reach an agreement while retaining advocacy for their own respective interests. In the event that a collaborative divorce is unsuccessful, the collaborative participation agreement is terminated and the legal advisors are prohibited from representing their clients in court. New legal counsel must be sought if the divorce escalates toward courtroom litigation.
Our Attorneys Can Help
If you are currently in the early stages of a divorce, it is highly recommended that you seek to have an uncontested divorce to make things easier on yourself. At Hanson, Gorian, Bradford & Hanich, we can provide you with exceptional legal representation for your collaborative divorce and help you determine a set of mutually acceptable terms.