The way we start matters. More and more I hear this question from a husband or a wife, or both spouses, during a divorce consultation: How do I (we) obtain a peaceful divorce?
This simple question, or some variation of it, opens the door to a private, peaceful and respectful divorce process. This civil and fair divorce process is worlds away from the nasty divorce that we have all heard about – the one that drags on for two years or more, and wreaks havoc on the entire family, both emotionally and financially.
This process, Collaborative Divorce, is not the easy button.
It’s not a simple packet to be completed by you and your spouse when you have nothing to fight over, and you agree on everything. Instead, Collaborative Divorce is a private and effective method that helps you resolve your divorce outside of the courtroom. In fact, Collaborative Divorce is tailored to higher net worth families that have no interest in airing out their dirty laundry and finances in the courtroom. If you wish to resolve your divorce privately, and move on with your life, Collaborative Divorce is a good option.
Collaborative Divorce provides you with a team of professionals that help you and your spouse to identify and work through all of the issues that need to be addressed in your divorce.
Your team (two collaboratively trained attorneys, one for you and one for your spouse, one financial professional, and one mental health professional) work with you over a period of approximately 3-5 months to address every issue in your divorce. Your team gathers and shares all necessary financial disclosure to assure that you and your spouse both have a clear understanding of the entire financial picture for your marriage. Your team also helps you to prepare for how your financial picture will look after the divorce is finalized.
Collaborative Divorce Puts You In Control.
Your team works with you and your spouse to help you accomplish the unique goals that you set for your divorce. Your team explains the law to you, and how it applies in your divorce. Your team helps you to create custom settlement options that meet the needs of your family. Finally, your team prepares all required documents to finalize your divorce with the Court. Your private and sensitive financial information is not filed with the Court, it remains private.
Litigation Is Not Like Collaborative Divorce.
Collaborative Divorce is different than litigation. In my opinion, it is better. I have heard litigators pontificate on how filing an adversarial lawsuit against the other spouse and demanding discovery for 6-12 months, before eventually reaching a settlement is similar to Collaborative Divorce. I disagree. We don’t threaten to take you to court in the Collaborative process. We don’t send a process server to your door.
Collaborative Divorce is a voluntary agreement that we all make at the outset of your divorce to stay out of court. You and your professional team will not get dragged into a long, nasty and expensive legal battle. We start your divorce the same way that we end it, with peace and respect.
If you, or a friend of yours, has questions about Collaborative divorce in Palm Beach County, we are here to help.
