When Hostility Isn’t an Option
On TV and in the media, public divorces are usually the most vicious and
hostile. However, many divorces do not have to be this way. Many couples
seek amicable proceedings,
ones that will not damage their families or drain their emotional and financial resources.
One way that couples can ensure a peaceful and collaborative process is
through an agreement called
divorce. Collaborative divorce is a contract between spouses to form a divorce
agreement that is mutually agreeable to
both parties, or both parties walk away from the agreement entirely. It is similarly
to mediation, except both parties have lawyers instead of a neutral third party.
How Collaborative Divorce Works
Collaborative divorce only works when both parties agree to it. Once agreed
to, the collaborative contract stipulates that
neither party’s attorneys can pursue litigation. As a result, the spouses are forced to form an agreement that meets both
their needs, mutually ensuring their cooperation.
The benefits of collaborative divorce are:
- It’s usually more affordable
- It’s guaranteed to be less stressful
- Both parties can walk away satisfied
By making negotiation the only legal recourse, many amicable couples find
that the divorce process is much simpler and far more empowering. Divorce
litigation tends to be far less predictable and controllable when it comes
to results. Collaboration ensures that your results are exactly what you want.
As a board certified family law specialist, I understand firsthand the
power of negotiation. Negotiating a contract can be far faster and simpler
than a trial. As a result, property division goes smoothly, and both parties
do not have to experience the exhaustion of a long legal battle. In the
end, both parties can move on with their lives. However, sometimes a legal
battle is inevitable between certain couples. When that happens, you will
want someone who is trial-tested and ready to fight for your interests.
If you are facing a divorce, amicable or otherwise, choose a lawyer with
expertise in the field of divorce law—call James D. Madden &
Aruna P. Rodrigo, Family Law Attorneys at (909) 344-5704.