Whether you’ve been unhappy in your marriage for quite a while or you’re blindsided by your spouse’s sudden decision to file for a divorce, this process can be incredibly complicated. While this is often an incredibly emotional process for those involved, it’s important to understand that divorce does not have to be the bitter, contentious, and revenge-filled process that television shows and movies often make it out to be. As such, you may find that working with your spouse during a collaborative divorce may be in your best interest. If this is the case, the following blog explores what you should know about this option, including the importance of working with a Somerset County divorce attorney to guide you through this process.
What Is a Collaborative Divorce and How Does It Work?
A collaborative divorce is a form of alternative dispute resolution that combines elements of both traditional negotiation and mediation, allowing the divorcing couple to have a greater say over the outcome of their divorce. In a collaborative divorce, the couple, their attorneys, and any other experts, like accountants or financial planners, will all work together to try to optimize the divorce to give both parties the best possible outcome.
Generally, when you begin the collaborative divorce process, the attorneys representing each party will agree that they will do everything in their power to keep the divorce out of court. As such, in the event that the divorce moves to court, the attorneys agree that they will withdraw from the case. This ensures that the attorneys will focus their attention on seeking the best possible outcome for the parties as opposed to preparing for court.
Is This Process Right For My Circumstances?
In general, it can be difficult to determine whether or not you can benefit from a collaborative divorce due to the nature of this matter. In general, if you and your spouse are willing to work together, this is an ideal process, as it can help save you money and stress in the long run. However, if there is a history of domestic violence or any other form of abuse, this process will not be right for you. Collaborative divorces rely on the ability of each party to voice their opinions, and when there is a power imbalance, this process will not be fair. If this is the case, it is in our best interest to pursue a contested divorce.
If you are going through a divorce, it’s in your best interest to ensure you connect with an experienced attorney with the Siragusa Law Firm to explore your legal options. Our attorneys will do everything in our power to help you determine whether or not this process is right for you. When you are ready to begin, contact our team to learn how we can represent you during these difficult times.