What is a Collaborative Divorce?

• August 8, 2024
• CLLB Law
• Divorce

For many people, the process of going through a divorce is one of the most difficult times in life, especially when divorcing spouses encounter disputes about child custody, division of assets, and other terms of the separation. Divorce, dividing property, deciding what is best for children, and other family law issues are emotionally charged topics that are life-changing for everyone involved.  Fortunately, much of the stress and drama of a separation can be avoided by going through the process of a collaborative divorce.

Collaborative divorce can make the process easier for everyone involved, and a consultation with an experienced family law attorney can help determine if it is right for you.

How a Collaborative Divorce Works

In Indiana, a collaborative divorce is one where both parties work with their own divorce attorneys and meet regularly to reach agreement on various aspects of the separation itself. Ultimately, the goal of a collaborative divorce is to iron out differences and avoid going to court over these issues. As a result, the entire process can be expedited, and both parties are able to move forward as quickly as possible.

In a collaborative divorce, both parties agree to resolve all issues in a respectful, open and honest manner, and to focus on constructive problem solving outside of the court system. Attorneys for both spouses are trained in the collaborative process, make sure their clients are aware of their legal rights and obligations, and work to seek a satisfactory resolution for all.

Both parties sign a legally binding agreement stating their commitment to resolve issues according to collaborative principals and guidelines with the objective of reaching a divorce settlement.  Consequently, the collaborative attorneys may not represent their clients if the process breaks down and goes to litigation. You and your soon-to-be-ex-spouse then will both have to find new attorneys to represent you.

What Happens During the Collaborative Divorce Process?

During the collaborative divorce process, both parties, their lawyers, and any professionals complete a series of negotiation sessions where the couple is guided through the process by their attorneys in a structured, non-adversarial way.  Other professionals, such as child custody specialists, accountants, appraisers, and business valuation experts may be brought in to help create the best asset allocation, support agreement, or parenting plan possible without litigation.

Throughout the process, the focus is on legitimate issues, needs and interests and working together until a comprehensive, individualized agreement is reached. The collaborative attorneys then prepare the necessary documents, and everything is presented to the judge for approval and entry of judgment.

Benefits of a Collaborative Divorce

There are many benefits to going through a collaborative divorce, as it tends to be a much faster and smoother process without litigation and disputes. A collaborative divorce may also be less expensive than a “typical” divorce, since both parties are in greater agreement and fewer appearances in court may be needed.

A collaborative divorce can also be beneficial in non-financial ways. It is much easier on both parties emotionally, as they are not fighting each other but are working together, and it is less stressful for any shared children or family members. Instead of having a judge determine the final resolution on divorce issues such as spousal support/alimony, child custody, child support, visitation, parenting time, and property division, the parties and their attorneys come up with an agreement that benefits all.

The process allows you to negotiate a fair separation agreement that works for both you and your soon-to-be-ex-spouse. Collaborative divorce also saves a lot of time and energy when it comes to attending court hearings and arguing. Ultimately, everybody wins when a collaborative divorce is reached.

Is Collaborative Divorce Right for You?

The best candidates for collaborative divorce are those who wish to remain civil with their divorcing spouse and come to a resolution that benefits everyone. However, there are some situations where collaborate divorce will not work.  These include:

• When spouses are too angry to work together, want to see their spouse suffer, or cannot be open and truthful
• When cases involve extreme domestic violence or mental illness
• When one side is stubborn and not willing to “budge” on a certain issue
• When either or both lawyers fail to understand, be trained in, and be committed to the principles of collaborative divorce.

Overall, collaborative divorce is always desirable over a “traditional” and confrontational separation. And while it may not be possible in all situations, it is worth at least considering. If both parties are open to negotiations and compromises on major issues, there is a good chance it will work out.

The best way to determine whether or not a collaborative divorce is right for you is to speak with your soon-to-be-ex-spouse about the possibility. If he or she seems open to the idea, then it is probably at least worth a try.

Consult With Our Divorce Attorneys Today

Whether or not collaborative divorce is right for you, if you are considering divorce, a consultation with a divorce lawyer can provide guidance to make the best decisions. The skilled and compassionate Indiana divorce attorneys at Church, Langdon, Lopp, Banet Law can help you take the appropriate steps from the start that will lead to the best outcome for you and your children. We can make sure everything is done properly, protect your assets, and help you through this difficult period.

Do not delay. For skilled and knowledgeable representation regarding any divorce issues, call us today for a consultation.

GET HELP NOW 812-725-8226

Based in New Albany, Indiana, we proudly serve communities throughout Kentuckiana; Floyd County, IN; and Clark County, IN.