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What is a streamlined collaborative law divorce?

May 14, 2018

There may come a time when a married couple in New York realizes their marriage is over. This is when they must face the reality of divorce. Depending on the situation, the divorce can be a highly contested and expensive experience with a court deciding emotionally intense issues. It’s also possible a divorcing couple will realize they need to work together for their mutual benefit. When a couple decides to pursue a mutual beneficial divorce: they should consider a collaborative law divorce.

Collaborative Law Divorce
This is a popular and successful method for couples to obtain a divorce. It creates a situation where all parties involved are dedicated to working together. A married couple will pursue this type of divorce as a way to avoid going to court. It will enable them to work with skilled professionals and resolve the issues associated with their specific divorce. This could include help from different types of professionals in dealing with the emotional aspects of their divorce and more. They could also get professional help with financial as well as real estate, insurance and all legal issues associated with their divorce. Collaborative law divorce provides couples with a process that is sensible and safe. This process makes it possible for a couple to transition into separate households without anger and bitterness. Couples are able to agree on the resolution of the issues in their divorce with openness, honesty, and integrity.

Phases
A streamlined collaborative divorce will occur with four different phases. The first phase is putting together a team of professionals to help settle issues. This could include a family therapist, insurance experts, finance professionals, real estate experts and more. This next phase will involve gathering information. This will involve finances, investments, debts, income, career paths, positions on issues and more. Once this is done, the next phase will involve a couple discussing their positions on the issues and working together to create a suitable agreement. The last phase involves making the divorce legal and having a court accept the couple’s agreement. At this time, the couple can begin their new lives.

Phase One
During this time in the process, each partner will retain the lawyer and other coaches of their choosing. Many of the attorneys hired will be part of a network of professionals including counseling professionals, financial professionals, real estate professionals and more. These attorneys will have often worked with professionals on other cases and may recommend some they know. A person seeking a divorce will benefit from hiring professionals who know one another and have previously worked together on divorce cases. Each spouse can have a team of professionals represent their positions on different issues. The members of their team are dedicated to the easy progression of the case. The attorneys involved will often lose money to the other professionals. The process is a more cost-effective for the client when compared to traditional divorce proceedings.

Phase Two
Once each marriage partner has agreed upon a team, and have engaged in a meeting to prepare for the divorce, the second phase of the divorce process can begin. This is when information on the couple and their views on the divorce issues are gathered. Meetings will take place between the professionals of an individual’s team and the different professionals. The goal at this time is to identify possible solutions to the issues within the divorce as well as the impact on a couple’s finances and more. It’s possible a specialist who works with children could be involved at this time. Once the issues are identified, financial reports are obtained as well as parenting plans discussed and more. When this is completed; it is time for the next phase.

Phase Three
The entire team for both marriage partners meets. This is when a couple is provided options to resolve their divorce issues. They can begin to discuss accepting what is provided or working to get a new solution. The issues decided will often cover the division of debts as well as assets, child support issues, plans for joint parenting and more. The goal will always be to make the transition into a post-divorce lifestyle as easy and uncomplicated as possible. Once an agreement to the issues has been reached, a settlement document is drafted. Each spouse and their team will review the settlement document before it is executed.

Phase Four
Once the agreement is approved by all parties involved; the attorneys can then file it and any other required paperwork with the divorce court. A judge will then carefully review everything submitted. They will determine if the agreement is in compliance with all applicable laws. A judge will also determine if the agreement is in the best interest of any children involved in the divorce. Once this is done, it will be approved and the divorce can then be finalized.

Provides More Settlement Opportunities
Using the collaborative law process for divorce does provide each spouse with a safe and secure environment. It is a way they can discuss their situation and ideas with experienced professionals. Individuals don’t make false assumptions about what could happen in different situations. A spouse will know what they could experience if they choose to go to court and litigate. They will know the facts. When the possibility of litigation is removed from the negotiation process; couples freely discuss their ideas and feelings. Creative solutions can be provided to resolve a couple’s specific issues.

Conflict
The thought of divorce is often believed to occur because of a couple’s conflict within their marriage. It can also occur because two people accept their situation and want to move on with an amicable divorce. The collaborative law divorce enables people to move beyond any conflict they may have and work together for the peaceful dissolution of their marriage. People can address their conflicts, divorce and more with the help of trained professionals.

A collaborative law divorce takes the decisions for a couple’s divorce away from a court and puts them in control of it. A couple will not have to fight with the court, their attorneys or one another to get what they want from the divorce. All issues will be resolved without the need of a court’s involvement. A collaborative law divorce enables a couple to resolve their conflicts with one another using the guidance of experienced professionals.

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