How does a collaborative divorce work?

Now that you and your spouse have made the decision to end your marriage, you face another difficult choice: Should you go to court to settle your issues, or is there another way? Fortunately for you and other Kentucky residents in the same boat, uncontested divorce is becoming a popular and effective option. Collaborative law is one of the ways you and your spouse can negotiate your divorce without having to go to court.

You will need to understand how a collaborative divorce works before deciding if it might work for you. Also known as one of the amicable divorce options, collaborative divorce can be faster and more cost-effective than litigation, but is not quite as simple as mediation. The following points provide some insight into collaborative law:

  • This type of divorce can be particularly effective if you have complex property division or child custody issues.
  • You and your spouse will each have your own attorney involved in the process from beginning to end. However, you will sign an agreement not to involve a judge.
  • If one of you decides to involve the court or you cannot reach an agreement with the collaboration process, your attorneys must withdraw. You must then consult new attorneys if you decide you need legal counsel.
  • You may involve additional professionals to help with the collaborative process, such as child therapists and financial advisors.
  • Like mediation, a collaborative divorce is private. Litigation, on the other hand, becomes a matter of public record.

Once you understand collaborative law, you will need to consider how you and your spouse interact with each other to determine if this option is for you. Can you set aside your differences long enough to negotiate with each other outside the courtroom? Will you and your spouse be able to treat each other calmly and respectfully, even if there are hard feelings? If so, then a collaborative divorce might be worth considering.