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Collaborative Divorce

Marietta Collaborative Divorce Attorney

What Is Collaborative Divorce?

Marriage may be a romantic ideal, but it is also a legal relationship. Upon a marriage being formed, there are certain economic obligations that are created—such as the duty of one spouse to provide for another's financial well-being. Marriage also creates what is known as 'marital property,' and it establishes a legal relationship between the spouses and any children that they may have together. For this reason, a divorce is not solely a private and emotional matter; rather, it is one in which the state takes a vested interest.

You will not be able to finalize your divorce without the approval of the court—a fact that often leads to drawn out legal battles that can be enormously taxing, both financially and emotionally. To combat the time, stress, and cost of the "traditional" divorce, many couples are turning to a new model known a collaborative divorce. Rather than hiring attorneys and engaging in litigation, collaborative divorces allow couples a chance to solve things peacefully in a manner that is often much quicker and more cost-effective.

Divorce Negotiations Outside of Court

In a collaborative divorce, both spouses have an attorney to represent them; however, all parties sign a participation agreement at the outset of the action that binds them to pursue a fair settlement through negotiations and to avoid adversarial litigation at all costs. Collaborative law offers an effective means of achieving an uncontested divorce and has the potential of sparing everyone involved a considerable amount of distress.

Common Questions About Collaborative Divorce

  • How do I know if this is the right option for me? 
    Collaborative divorces are best suited for couples who are looking to end their marriage in a respectful manner—those who want a process less stressful and time-consuming than a traditional marriage. It is also an ideal choice for people who would like to maintain more control over the final divorce agreements, as well as people shielding children from a harmful courtroom battle.
  • Will a collaborative divorce be cheaper? 
    It is impossible to gauge how much a divorce will cost as each couple (and their issues) will be different. However, litigation is often believed to be the most expensive route for getting a divorce.
  • Is a collaborative divorce better for our children? 
    Many parents will choose to partake in a collaborative divorce for the benefits that it affords their children. Not only are children shielded from being dragged into a courtroom, but the process also makes it easier for parents to have a healthy long-term relationship with one another.
  • What if we are unable to come to an agreement? 
    It is possible that you and your ex-spouse may be unable to agree on certain issues (ex: custody). However, since you both have signed a participation agreement, you will not immediately head to court. Instead, you will find new attorneys to represent you and start the process over.

If you believe this may be the best approach for you, contact a Marietta divorce attorney from Henrickson & Sereebutra for a consultation.

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