What Are the Advantages of a “Collaborative Divorce” in Michigan?

 Posted on February 23, 2021 in Divorce

The words “collaborative” and “divorce” may seem like opposites. However, many divorcing couples find that it is possible to have a divorce that is respectful and rooted in cooperation. To end your marriage, you will likely need to address several complicated issues including the division of assets and debt, child-related concerns, and alimony. During a collaborative divorce, spouses work with a collaborative team to reach an agreement regarding these issues. Collaborative divorce is not right for everyone, but there are several advantages to using this strategy to end your marriage.   

Using Collaborative Law to Resolve Divorce Issues in Michigan

The purpose of the collaborative divorce process is to reach an agreement about unresolved divorce issues in a manner that is cooperative rather than antagonistic. Spouses begin the process by hiring lawyers to represent them. It is crucial to hire an attorney who is experienced in collaborative divorce. You and your attorney will discuss your questions, concerns, and goals regarding the divorce. Next, each spouse and his or her lawyer hold a series of meetings during which they discuss the divorce issues. Your lawyer is there to protect your rights and provide legal guidance so that you can make informed decisions.

The Benefits of Working With a Collaborative Team

One of the main advantages of collaborative divorce is that it allows you to work with a number of other professionals during discussions and negotiations. Your collaborative team may include financial professionals, divorce coaches, child therapists, and other experts who can offer advice and help you reach a mutually acceptable solution to divorce disputes.

The spouses, attorneys, and everyone else in the collaborative team signs a Collaborative Agreement in which they agree to:

• Keep the case out of court and make a genuine effort to reach an agreement during the collaborative process

• Freely exchange the necessary information and documents

• Negotiate divorce issues honestly and fairly  

• Keep the discussions confidential

The Collaborative Agreement ensures that the spouses, lawyers, and other members of the collaborative team are on the same page regarding the purpose of the collaborative meetings. It also incentivizes the parties to reach an agreement during the collaborative process and avoid litigation. If a spouse does wish to litigate the case, both lawyers must withdraw and the spouses will need to retain new lawyers to represent them during litigation.

Contact a Farmington Hills Collaborative Divorce Lawyer

Collaborative divorce is an alternative dispute resolution method that may help you reach a divorce settlement without going through adversarial court proceedings. The experienced Novi, MI divorce attorneys at Elkouri Heath PLC are trained in collaborative law and understand how beneficial this process can be. If you want to learn more, call our office today at 248-344-9700 to schedule a free consultation.

Source:

https://www.legislature.mi.gov/documents/2013-2014/publicact/pdf/2014-PA-0159.pdf