Divorces are never enjoyable. On the other hand, they also don’t need to be an awful conflict that leaves both of you with battle scars from it. If possible, try and find a way you and your spouse can take part in what is called a civil divorce, also called collaborative divorce.
A civil divorce adheres to collaborative law. Both of you will be represented by collaborative lawyers, and both you and your attorneys come to an agreement to come to resolutions outside of court. You’ll share information and come to agreements on important matters like spousal maintenance and child custody.
What Is the Process for a Civil or Collaborative Divorce?
To start your civil divorce, both of you, including your lawyers, sign an agreement that usually declares that all parties will:
- make an effort to agree on the details of the divorce so that the issue won’t have to go to court
- honestly share their information and act morally
- agree on any professionals that need to be hired to assist in finalizing the divorce
After the agreement gets signed, both of you need to specify any property and financial assets you have, including any debt, so you can establish on how it all will be split. You’ll have to verify what you say regarding this matter with relevant documentation. You’ll do likewise for any other matters to be resolved throughout the collaborative divorce process.
Both of you, including your collaborative attorneys will get together for joint sessions (also known as a four-way meeting) to attempt to resolve your matters. When you are all in agreement on each matter, the attorneys can put together legal documents and present them to the court. Following the courts approval of the documents, the divorce is final.
Is a Civil Divorce Actually Possible?
In a lot of cases, the answer is yes. When you both, including the divorce lawyers representing both of you, are agreeable to compromise and do what’s best for everyone involved, you’ll possibly reach a gratifying conclusion.
In some situations, nevertheless, the parties just can’t agree. If that occurs, you’ll be required to hire a divorce attorney-and individual separate from your collaborative lawyer-and take the case to court.
If you’re not sure whether or not to seek a civil divorce going through collaborative law, think the following benefits. You’ll save a lot time and money, and you’ll avoid a lot of the stress usually related with a court battle. If you’re still uncertain, speak with an attorney to see if they think you and your spouse are able of going through a civil divorce.
What Is a Civil Divorce? Tips for a Peaceful Divorce. (n.d.). Retrieved September 10, 2020, from http://www.attorneys.com/divorce/tips-for-a-peaceful-divorce
Choose the Right Divorce Lawyer in Arizona
Regardless of the choice you make, it’s important you make the best choice for you when hiring a divorce attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.
Engaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce, we’re here to help. When you’re ready to schedule a consultation with Michelle Ogborne, please visit the scheduling page to get started.