Many elements of the divorce process are complicated and stressful. When spouses choose to dissolve their marriage, they must make many decisions regarding children, shared property, and finances. These agreements made between spouses during the divorce process can be life-changing, leading to contention between families. Suppose both spouses are looking to work together during the divorce process. In that case, there are Alternative Dispute Resolution (ADR) options to help facilitate a smooth divorce and transition into a new phase of life, one being collaborative divorce between spouses.
Understanding Collaborative Divorce
A common issue that arises during the dissolution of a marriage is disagreement between spouses. Conflict can occur for various reasons, including the inability to agree on the division of property, tension regarding the allocation of parenting responsibilities, or poor communication between partners. Alternative Dispute Resolutions (ADR) are intended to give couples options for resolving disagreements without litigation. Litigation is more expensive and time-consuming, leading to another layer of stress for divorcing couples. Some common ADRs include mediation, arbitration, or collaborative divorce.
Collaborative divorce is best for couples who wish to work together but have trouble agreeing on specific aspects of their divorce plan. Each couple will have their own divorce attorney separate from their spouse to represent individual interests during this dispute resolution process. However, both attorneys will work together to form an agreement without going before a judge. Typically, these negotiations are informal. Each partner's legal representation will advocate coming to a mutual understanding on a spouse's behalf.
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