When the average person imagines a divorce, they probably think of a long, drawn-out process with heightened emotions on both sides and a fierce fight for the division of assets. However, it does not always happen this way. A divorce can be resolved through collaboration between parties with the assistance of a Columbia County collaborative divorce lawyer. An experienced divorce lawyer could assist you in keeping the proceedings on track, amicable, and fair.
Collaborative divorce means that from the outset, the parties made the decision to enter into the divorce in relative agreement. They may seek this process by hiring agreed-upon experts to handle aspects of the financial relationship, such as the valuation of the property and debt, as well as custody issues.
Each party has their own attorney who participates in this process together with the retained expert, and the parties commit to work through the process together. If they cannot come to a mutually desired outcome, and one of them decides to leave the process, they can’t use that attorney for the litigated process; they must retain new legal representation.
Collaborative divorces in our area usually involve both spouses, their attorneys, and any hired professionals like a business valuator or a financial expert. If children are involved, there may be a family counselor or a psychological expert retained to assist with the custody determination.
All parties will generally be included on the same emails, documents are exchanged between them, and both sides work together to reach an acceptable solution, which might not necessarily have been obtainable by litigating all their marital issues.
A collaborative divorce can take six to eight months. In most cases, due to the need to retain experts, collaboration typically only happens with high-value marital estates where their relationship is such that they can still effectively communicate with each other.
The complexity of the assets involved and the unwillingness of parties to contribute to the discovery are factors that could extend the timeframe of these cases. If all parties are open and willing to work together to reach a mutually agreeable solution, that can speed the process. A Columbia County attorney could keep a divorcing spouse updated on the expected timeline of their collaborative marriage dissolution.
One of the advantages of collaboration is that parties can speed up the process, even in situations where they have complex assets. Collaborative divorce can also save money, as hiring one mutually acceptable expert rather than dueling financial experts can be cost effective.
When dealing with these types of high asset issues, getting to the table with everyone prepared and working on solutions sometimes doesn’t happen until the trial. Collaboration can speed up the process of getting to meaningful settlement discussion.
A person going through a divorce will want an attorney who is experienced in matrimonial law, especially in the collaborative setting. If they hire an attorney who focuses on traditional divorce litigation, that lawyer may not understand the purpose and the framework of the collaborative process.
There are a number of trained and certified collaborative divorce lawyers who can take these cases. One does not necessarily have to be certified to participate in the collaborative group, but it can be extremely beneficial.
A collaborative divorce might be less emotional than a typical contested divorce, but there are still many aspects to consider. To ensure you have a reliable ally on your side, retain a Columbia County collaborative divorce lawyer. Call today to schedule a free consultation.
Colwell Law
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518-462-4242