Divorce and the collaborative process
On behalf of Furr & Cohen, P.A. posted in Family Law on Wednesday, December 9, 2015.
The process of getting a divorce can feel like a rollercoaster where you have no idea what’s coming around the next turn. It’s normal to feel like everything that is happening is out of your control, and in some situations and aspects it might be. However, alternatives to traditional divorce, such as collaboration and mediation, may be a viable option for those wanting to be more involved in the divorce process.
Collaborative divorce, at its most basic, is where the two parties divorcing decide how they are going to divide the marital debts, assets and property. They may also decide on a custody and visitation arrangement that they believe is in the best interests of the children and their particular situation. The collaborative process allows the parties to retain greater control over the process and start the next chapter of their lives keeping the communication lines open.
The collaborative process involves engaging in discussions with your soon-to-be ex — and sometimes a neutral third party called a mediator — with the purpose of drafting a tentative agreement to bring to the judge. The judge still must sign off on the agreement to make it an official court order, which happens without issue in most cases.
If you have questions about the collaborative process, the first step is to go over the particulars of your case with a family law attorney. It’s also important to be prepared for the possibility that your attempt at collaboration may not work. If this happens, we can help you formulate a plan on how best to present your case at trial.