When it comes to divorce, most people believe that they really have only one option: resolve every issue in a courtroom. While this is certainly a viable (and sometimes necessary) option, it may not be the best option given your circumstances.
Remember that a prolonged legal battle can take a significant amount of time, result in steep legal fees, exact a large emotional toll and alienate your children.
Fortunately, those couples who are divorcing but who wish to avoid the trials and tribulations of ending their marriage in a courtroom have two equally effective alternatives at their disposal: mediation and collaborative law.
Today’s post will continue to examine the benefits of collaborative law. Please see the previous posts, “Divorce Mediation: A Viable Alternative to Traditional Divorce” and “The Benefits of Collaborative Law Over Traditional Divorce” for more information.
How do I know if my former spouse and I are good candidates for collaborative law?
There are no concrete rules as to who is or who isn’t a good candidate for collaborative law. It will truly depend upon the unique dynamics of your relationship and/or your ability to work together.
Nevertheless, if your relationship ended rather recently, it may be too early to get together and decide important divorce-related issues (i.e., child custody, child support, spousal support or property division). The gravity of the situation may not have sunk in or the issue may still be entirely too sensitive.
For those couples who remain amicable or are wary of fighting one another in court, collaborative law may provide the relief and resolution they need.
My former spouse and I are on good terms, what advantages does collaborative law offer?
First and foremost, collaborative law offers participants substantial savings in terms of legal expenses as there is no need for frequent and prolonged legal proceedings. In fact, not only will collaborative law save you money, it can also spare you from time consuming and emotionally draining courtroom battles.
(Consider also that by working together, you and your former spouse are far more likely to make lasting arrangements, thereby avoiding the need to go back to court for modification or enforcement actions.)
Second, collaborative law gives you and your former spouse – with the help of your attorneys – the power to make the final decision regarding important matters, including child custody. Remember, the two of you are in a better position than a family court to discuss your unique situation and assess your respective needs.
Lastly (and perhaps most importantly), collaborative law will spare your children from the trauma of hostile legal battles and ease their transition into their new post-divorce life. It also helps you and your spouse preserve amicability, something that is incredibly beneficial to all parties.
Stay tuned for more from our Ft. Worth family law blog …
To learn more about divorce mediation or collaborative law, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Is There A ‘Minimally-Invasive’ Divorce? (The Huffington Post)