The Facts about Collaborative Divorce
Collaborative divorce began in the 1980s in Minneapolis when lawyers decided to avoid the courts during a divorce. Instead, clients and their attorneys “pledge not to go to court.”
The result of this pledge promises that new attorneys would need to be obtained to start the process all over again. As Miller said, this provides “a real incentive to reach a settlement.” Collaborative divorce requires that all the needs are met by both spouses and it addresses all financial, emotional and legal concerns. Spouses and their attorneys work together as a team to reach a dissolution plan. This is a little different from mediation where dividing spouses use a mediator to discuss the dissolution.
Advisors and financial specialists can be used during a collaborative divorce The financial specialist can create a balance sheet that contains call assets and liabilities held by each spouse and how to divide assets.Judges do not have enough time to go into a great amount of detail to identify the needs of each spouse. Thus, these professionals (i.e., advisors and specialists) work with clients to ensure needs are met.Money is definitely saved by avoiding the courts. According to Miller, professionals are paid at lower rates in a collaborative divorce than a traditional divorce where two attorneys are being paid for an extensive amount of time for going to court. Instead of a daunting and emotionally exhaustive time at the courts, collaborative divorce makes separation a business deal where everyone feels like a winner.
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