Those who choose a collaborative divorce process have decided to go with an option that provides greater control and is often more efficient. This process essentially allows both parties to negotiate a settlement agreement in a nonadversarial fashion.
But how can you protect your interests through the process? That is one of the most important questions to keep in mind when going through collaborative divorce.
Do I really need my own attorney?
Unlike other alternatives to litigation, like mediation, the collaborative divorce process generally moves forward with each party having their own, separate legal representation. Although each representing their own clients, the two attorneys often agree to a joint effort to identify each party’s goals and keep the process moving forward to a favorable resolution.
How is this more efficient than a traditional divorce?
Traditional divorce can lead to courtroom litigation, and the courts are clogged. The traditional litigation process is inherently slower compared to these alternatives due to starts and delays resulting from the pandemic over the last year and a half as well as the general start-and-stop nature of the process when trying to make multiple individual calendars align with the court’s calendar.
Also, due to the focus on collaboration, the process can also result in saved expense when it comes to use of various professionals. Those who require a business valuation, for example, are more likely to agree to the results of chosen professionals because the goal is to move forward amicably, not get the best deal out of the divorce.
It is also advantageous to have your own legal counsel as a lawyer will help you review your case, determine what is and is not a priority and how to negotiate to get the things that you consider most important. They can review a proposed settlement agreement and discuss how it will likely impact your life. This helps to reduce the risk of any surprises after you and your team finalize your divorce.