Is Collaborative Divorce a Good Alternative to Mediation or Litigation?

 Posted on January 08, 2021 in Divorce

Getting a divorce can be a complex, difficult process, but fortunately, couples have a number of options for how they can approach the decisions they will need to make and the disputes they will need to resolve. While litigating a divorce in court is always a possibility, this is often the last resort since a divorce trial can be lengthy, expensive, and emotionally draining. In most cases, couples will work to negotiate a divorce settlement, allowing them to complete the divorce process without fighting battles in the courtroom. Mediation is one way of doing so, but collaborative divorce is an increasingly popular option for ending your marriage in Michigan.

What Is Collaborative Divorce?

During a collaborative divorce, spouses will work together to create a divorce settlement, and they will each be represented by an attorney who has been trained in collaborative law. At the beginning of the collaborative process, the spouses and their attorneys will sign an agreement stating that they will be honest with each other, negotiate in good faith, and provide any information requested by the other party. To foster the spirit of cooperation and collaboration, the attorneys will agree to withdraw from the case if the couple cannot reach a settlement, and the spouses will need to find new attorneys to represent them during divorce litigation.

In addition to the spouses and their attorneys, other experts may be employed to assist in making decisions about the case. These may include psychologists or therapists who can help couples build new relationships between themselves and their children that will allow them to succeed after their divorce, child specialists who can provide advice on how to resolve matters regarding child custody and parenting time, and financial experts who can help address issues related to the income the spouses earn, the property they own, and their ability to provide for themselves going forward.

When Is Collaborative Divorce Appropriate?

Collaborative divorce can be helpful if spouses are willing to work together and compromise to reach agreements that are mutually beneficial. While the process of reaching agreements may be similar to what is followed during mediation, each spouse will have their own attorney acting as a legal advocate, giving them the assurance that their rights will be protected, while also making sure that all legal issues will be addressed properly.

The employment of outside experts is another benefit of collaborative divorce, and it can be especially helpful in complex cases involving financial issues or other concerns that the couple may not be qualified to address. Since the spouses will agree together on what advisors to work with, they can both be satisfied with the advice offered, and the experts can help them determine the best ways to resolve their disputes in a way that is satisfactory to both parties.

Contact Our Novi, MI Collaborative Divorce Lawyers

At Elkouri Heath, PLC, we provide collaborative divorce services to clients, helping them complete the divorce process smoothly and efficiently without the need for litigation. To arrange a free consultation and learn more about how we can assist you during the collaborative process, contact our knowledgeable and dedicated Farmington Hills divorce attorneys today at 248-344-9700.

Sources:

https://www.liveabout.com/things-you-need-to-know-about-collaborative-divorce-1103296

https://clinicalneuropsych.com/services/collaborative-divorce/