Collaborative divorce is a good option for separating spouses if saving money is a top priority to both parties. Collaborative divorce means that there is no court or judge involved in your case. You will use attorneys, therapists, child-custody specialists, and financial experts to settle all parts of the divorce and write up an agreement. The difference between the collaborative process and a regular divorce is the success rate of the separation.
With the collaborative process to work, the spouses will have to be honest, reasonable, and respectful toward each other. There has to be complete honesty about all information and records going through a divorce. If there are financial assets and debts that you kept hidden from your spouse, you will have to reveal them during your collaborative divorce. However, if you feel like your spouse will not disclose that type of information, it is better to go through a regular divorce where the court can order the disclosure of information and production of documents through the legal process called “discovery.”
The collaborative strategy is productive if the couple wants to avoid the many legal procedures needed to get all the facts of the relationship. This type of divorce is not for everyone. While it will ultimately save each party a significant amount of money, it doesn’t guarantee that you won’t be spending a great sum. Collaborative divorce resembles a divorce mediation but there are some clear differences.
In mediation, a mediator is used to explain the law and help the couple communicate better with each other. The mediator cannot give any legal advice, whereas your collaborative divorce lawyer can. Also, the mediator will not be making any decisions for your relationship. Collaborative divorce has a destination – it is a process that settles everything to complete mediation. The main reason for a collaborative divorce is to save money by avoiding court and attorney fees.