Pros and Cons of Collaborative Divorce

The vast majority of cases are settled before they ever reach trial.  Family law is no exception to this.  More often than not, the parties to a divorce will come to an agreement on some or all of the issues in their divorce, and thereby avoid having to go through the stress and expense of a full blown divorce trial.  There are many ways that such a settlement may occur, but one option is collaborative divorce.  Collaborative divorce is a form of alternative dispute resolution.  In collaborative divorce, the parties attempt to set aside the traditional adversarial mindset in divorce, and work together to find solutions for their divorce issues.  Each party will have his or her own attorney, and there will usually be other professionals brought in to help the parties find the right solution for their divorce matters, like financial experts or counselors.  There are some pros and cons of using collaborative divorce as a way to resolve your divorce.

First, like any method of alternative dispute resolution, if collaborative divorce is successful, the parties will save money and time.  Going to a contested divorce usually means high attorney fees and lots of time waiting for a court date.  With collaborative divorce, you can resolve your issues quicker, and hopefully bring your divorce to a quick conclusion.

Another advantage is that with collaborative divorce, you retain a degree of control.  Collaborative divorces allow you and your spouse to work together toward a solution that is tailor made for your family.  By coming to a mutually agreeable settlement, you and your spouse can make your own decisions on how to handle the major issues, such as child custody or award of the marital residence.  If you go to trial, the judge will be the one responsible for making decisions that will impact your life for years.

One disadvantage of collaborative divorce is that if you fail to come to a settlement, you will have to find a new lawyer.  Both parties must sign an agreement at the beginning of the process acknowledging that if the process fails, neither attorney may continue on in representing their respective clients.  The purpose of this rule is to encourage everyone to be open and honest with all aspects, without fear that the attorneys will use the information gained in the process against them during a later court date.

If you have questions about collaborative law or the divorce process, call us today.  We can help answer your questions about your options.

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us, or contact us through our confidential online form to schedule a consultation

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