If two spouses agree to a collaborative divorce, they can participate in negotiations with their individual attorneys to discuss important marital issues. Spouses may also involve financial or mental health professionals in these negotiations to help both parties work through their disputes. The goal of this process is to come to a resolution on their divorce in a non-adversarial manner outside of court.
If you are interested in working with your partner to resolve issues such as asset distribution or child custody, you should hire a New Haven collaborative divorce lawyer. Get in touch with a knowledgeable divorce attorney who can represent your best interests.
A collaborative divorce is a voluntary process that consists of meetings with the two spouses and their independent attorneys. Spouses might also choose to invite third party experts to give their opinion on financial or mental health issues.
This type of divorce can only be successful if both parties are willing to participate in good faith and attempt to compromise. Communication is a crucial part of this process. Though both spouses are represented by legal counsel, they must commit to working together.
If at any point one party wants to walk away from the process, they would need to retain new counsel. Further, anything that was discussed in the collaborative divorce setting would remain confidential and cannot be used in traditional litigation proceedings.
This collaborative process is different from mediation, in which a neutral third-party aids two spouses in reaching a solution. In a collaborative marital dissolution, both parties have legal counsel representing their best interest. A knowledgeable lawyer can provide more information about the differences between collaborative and mediated divorces.
Many spouses participate in collaborative divorces to avoid litigation while maintaining the right to legal counsel. This process is typically well-suited for couples with complicated finances or shared children.
By working collaboratively with a financial expert, divorcing spouses can disclose and divide their assets in a way that works for both parties as opposed to having a judge dictate the terms of their marital dissolution.
This process is also beneficial for parties who wish to shield their children from the divorce and court process. Parents can discuss their preferences concerning legal and physical custody of their shared children. Two parties can work together outside of court to draft a parenting and visitation plan that best suits their needs.
During these meetings, it can be helpful to bring in a guardian ad litem or another expert to speak with the children and help determine what is in their best interests with respect to custody. Working with a collaborative divorce lawyer in the area can allow for a much smoother dissolution process when children are involved.
The general process of a collaborative divorce consists of setting up meetings wherein all parties work to discuss various issues, such as the division of assets and debts, alimony, custody, and child support. If the spouses choose to reach out to third-party experts, additional meetings may be required.
Once all issues are resolved, both parties can work with their lawyers to draft a divorce agreement and prepare the necessary paperwork to finalize the dissolution of their marriage. After the case is filed, the divorcing spouses are subject to the court’s schedule and deadlines. A local attorney with knowledge of the legal system can help spouses navigate the collaborative divorce process.
An experienced attorney can provide useful insight into what type of agreement may be appropriate concerning issues like the distribution of assets or child custody. With the help of a New Haven collaborative divorce lawyer, you can find a solution that works best for you. Contact us today to schedule a consultation with a dedicated legal professional.