Using the collaborative divorce process

The process of getting divorced can be complicated and confusing, from court dates and filing deadlines to attorney fees and a wide range of other costs. On top of all of this, is the emotional toll it takes on you and all parties involved.  At Newsome O’Donnell, LLC, our team works with clients to find the best resolution for their unique circumstances.

Until recently, mediation and litigation were the typical methods to settle divorce disputes including alimony and child support to property division. According to FindLaw, the use of a collaborative divorce procedure is an alternative that may benefit everyone. This is especially true if you and your soon to be ex-spouse prefer to stay out of court but cannot agree on everything.

Unlike the courtroom mentality of fight to win, collaborative law focuses on problem solving and troubleshooting. It is an integration of mediation and negotiation techniques to settle a divorce. Before the process begins, all parties involved must sign a “no court” agreement. The goal of this agreement is to keep your case out of court. If it does continue to litigation, the attorneys on both sides must withdraw from your case.

The collaborative process begins when you and your attorney meet privately and come to terms with what you want from the settlement. Some issues may require compromise, so you should be clear about which items have room for negotiation. Then you and your attorney meet with your spouse and their attorney.

Typically, several meetings occur throughout the process. Depending on the circumstances, various non-biased parties may attend the conferences, such as accountants and child custody specialists. A mediator may be brought in if the negotiations stall. This type of alternative dispute resolution method is often less expensive than litigation and allows you time to decide how to handle many ongoing points of contention that prevented resolution. Visit our webpage for more information on this topic.

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