Mt. Juliet and Lebanon TN
A collaborative divorce, as the name suggests, involves a collaborative effort by the litigants. Our Hermitage and Mt. Juliet collaborative divorce attorneys have guided many through the collaborative process. The parties agree to conclude the divorce process quickly, in a manner that is acceptable to both. It is a clean approach handling custody, child support, property division and alimony claims. Collaborative divorce aims at minimizing conflict, removing antagonism, and promoting mutual cooperation to come to an agreement that benefits all involved.
Mediation vs. collaborative divorce
In contrast to mediation, in which divorcing couples entrust a resolution to a single neutral mediator, collaborative divorce involves the use of attorneys for each party, often joined by other expert consultants. But the lawyers, instead of sparring, pledge from the outset to work together in crafting an outcome that is fair to all.
The Collaborative Process
Before the collaborative divorce process can move forward, the parties are required to sign a participation agreement. By signing it, they agree to:
- Be completely honest with each other about their financial information;
- Be absolutely open with each other throughout the divorce process;
- Authorize their respective attorneys to use the agreement as the basis for a final court decree; and
If the couple cannot reach an agreement, then the attorneys involved will withdraw from the proceedings. The couple can then go ahead retain counsel to handle the matter on a contested basis.
Advantages of Collaborative Divorce
There are numerous advantages to collaborative divorce as opposed to traditional litigation:
- A collaborative divorce is usually concluded much more quickly;
- A collaborative divorce is usually less expensively; and
- A collaborative divorce is preferable when there are children involved, and when you want to avoid the hostility, conflict and antagonism that can sometimes result when you opt to litigate.
A collaborative divorce can allow you to reach a much better settlement, because you have the freedom to move towards an agreement that benefits you, without the limitations of formal court proceedings. Typically, collaborative divorces result in better settlements because they uniquely tailored to the parties involved.
Collaboration with Experts
Mediators, experts and other professionals who are frequently relied-upon during traditional litigation can also play a role in the collaborative process, depending upon the facts involved in your case. All issues will be decided with the help of your attorney, in cooperation with your spouse and their lawyer. Collaborative divorce will result in you and your spouse making the decisions about custody, child support, property division and alimony.
Always A Free Consultation
Have additional questions? Contact Yancy Belcher a divorce and family law attorney located in Mt. Juliet and serving clients in Mt. Juliet and Hermitage, Tennessee. We offer free consultations to all potential clients. Call (615) 773-2889, or complete our free case evaluation form.