Divorce doesn’t have to be emotionally and financially destructive. Couples who opt for collaborative divorce agree to work together to make decisions on key issues like child custody and the division of assets.
Many couples in Michigan are choosing this approach not only to save money but also to reduce the stress associated with divorcing. Here’s what you need to know about this type of divorce.
How Does Collaborative Divorce Work?
Problem-solving is at the core of a collaborative divorce. The goal is not to “win” but to find a comfortable middle ground through mediation. It is a cooperative process that ends in legal divorce.
Both parties work with their attorneys and a team of specialists to settle any disputes regarding child care or property. The work is mostly done outside the legal system, not in court. The exception is the processing and handling of legally required documents.
In a collaborative divorce, lawyers take on an advocacy role and are specially trained to help their clients solve problems and reach satisfactory agreements. This method of reaching a divorce agreement is often effective because it is based on sound principles, including:
- The attorneys work with each party and may terminate their work if the collaboration stops
- Good-faith negotiations and problem-solving are the focus
- No attorney can bring any legal action that another attorney wishes to take
- If the collaboration fails, no aides or other representatives are allowed to take legal action
- Both parties and their attorneys must create a written agreement together before starting
With collaborative divorce, instead of getting the best terms for an individual, the parties agree to the best terms overall. Because agreements are made in a more timely manner and there is no time spent in court, a collaborative divorce also typically means fewer costs.
Who Should Consider a Collaborative Divorce?
This type of divorce won’t work for everyone. You might consider a collaborative divorce if you and your spouse:
- Believe you can negotiate effectively
- Seek to focus on the best options for your children
- Prioritize the preservation of post-divorce relationships
- Want the input and knowledge of professionals
Collaboration likely will not work for marriages where abuse or disruptive behaviors are an issue. If one partner believes it will be difficult to agree on sensitive matters, such as asset division, the process may indeed not go smoothly.
Fortunately, if a couple starts the process of collaborative divorce and finds it is not working, each partner retains the right to stop the process and opt for a traditional divorce.
Speak With a Collaborative Divorce Attorney in Michigan
Collaborative divorce is a less stressful, less expensive alternative to traditional divorce, built on the principles of cooperation and transparency. The process isn’t right for everyone, but couples who want a strong co-parenting relationship or want to maintain good post-divorce relationships may be especially motivated to explore this method.
At Gucciardo Family Law, our skilled team can evaluate your unique circumstances and guide you on what approach to divorce might be best for your family. Contact Gucciardo Family Law to speak with an experienced Michigan collaborative divorce attorney to get started today.
