Filing for divorce is never easy, but fortunately, there are a few alternative options you can consider to separate from your spouse more peacefully. For example, options such as mediation or collaborative divorce can be good for couples who are willing to negotiate and just want a fair distribution of assets and as simple a divorce as possible. Learn more about this divorce style before you find a divorce lawyer for women to advise you during your negotiations.
Ask a Divorce Lawyer for Women: What Is Collaborative Divorce?
A collaborative divorce is a type of divorce negotiation strategy in which both spouses voluntarily agree to fairly negotiate the division of shared marital belongings. A collaborative divorce is an excellent option for couples who do not have major disagreements about property or asset ownership, child custody, alimony, or other major issues related to divorce.
During a collaborative divorce, there will be several meetings in which you and your ex-spouse will negotiate the division of shared assets. The division of these assets will generally be equal. But, many couples also try for an equitable division based on unique circumstances.
Special Rules About Collaborative Divorce
There are special rules about a collaborative divorce that you need to be aware of before trying this method. First and foremost, a collaborative divorce takes place outside of court, which means that a judge will not be presiding over your case or making decisions about your divorce agreement. Spouses must come to a joint decision about all issues in the divorce agreement.
The second thing to know is that if you and your ex-mouse cannot agree to the divorce agreement, you will need to formally end the collaborative divorce process and seek new legal representation. This is because the lawyer who represented you during a collaborative divorce is not allowed to represent you during a traditional divorce.
How does Collaborative Divorce Differ From Mediation?
Although a collaborative divorce is similar to mediation, this type of divorce has a few notable differences. For example, during mediation, a mediation expert will guide both parties toward a fair division of marital property. On the other hand, there is no guidance from a neutral party during a collaborative divorce. Instead, spouses will have to jointly come to agreements about the division of property and assets with only some advice from lawyers.
That said, during a collaborative divorce, experts can be invited to meetings to provide more insight into the issues discussed in the divorce agreement. For example, child custody lawyers, mediation experts, financial advisors, and more can be part of the collaborative divorce meeting to advise both spouses.
Benefits of Collaborative Divorce
There are a few notable benefits to consider for collaborative divorce. For example, this type of divorce saves both time and money since you will not need to build a case against your spouse to prove in court why you deserve certain assets, property, or other shared belongings from marriage. Additionally, the negotiating style for a collaborative divorce allows both spouses to get exactly what they want.
How to File for Collaborative Divorce?
Filing for a collaborative divorce is easy. When you decide to file for a collaborative divorce, you and your legal representative will need to sign a “no court” agreement. It will enforce the withdrawal of legal representation if the divorce agreement cannot be settled outside of court. Other steps to filing this type of force include:
Picking Your Lawyer
Carefully selecting your lawyer for a collaborative divorce is essential. For example, women may want to choose a divorce lawyer for women since these lawyers will know the special circumstances women may encounter during a divorce. In particular, issues such as spousal support and child custody may be a focal point of a collaborative divorce. So, having advice from a lawyer with expert knowledge in these areas can be helpful.
Divorce Meetings
During a collaborative divorce, there will be several meetings in which you and your ex-spouse discuss various issues related to your divorce agreement. These meetings can take place over two to three months until the settlement of all negotiations. Lawyers and other experts will be present only to answer questions so that both spouses can negotiate with the same understanding about divorce-related topics.
Filing Your Divorce Agreement
Finally, you will send your divorce agreement to your local family court clerk, who will file your uncontested divorce. Your divorce will be formally recognized as uncontested because you will have negotiated a fair divorce agreement outside of court. So, your official paperwork will be much simpler. The divorce agreement from a collaborative divorce is considered legally binding and can be enforced by the court in the future.
If you want to have a simpler, more peaceful divorce, then a collaborative divorce may be a good choice for you and your ex-spouse. This type of divorce is an ideal option for spouses who do not have significant disagreements about shared marital belongings, children, or assets. A collaborative divorce will be formally filed as “no-fault” or “uncontested” and can be resolved more quickly than a traditional divorce.
