The collaborative divorce process. Working cooperatively is a must for those getting a divorce. You must aim for a format that is solution-oriented. Instead of using a format that plays on differences, try a different approach by hiring a Collaborative Divorce Attorney. They will be able to work together effectively by obtaining one counsel this way. They don’t have to use the traditional judicial system. Divorcing couples can find a solution on their own. The judge must give his or her approval after they have a solution. To make it lawful and enforceable, you must return to the courts.
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You can avoid going to court by getting a divorce collaboratively. Collaboration of some kind between the parties is required. Outside of court, the collaborative divorce procedure is carried out. It has no deadline. No schedule is provided. It may not necessarily imply fewer expenses. There are no expense caps because it is an open-ended procedure. Not everyone may benefit from the collaborative divorce process.
What is a collaborative divorce? How did it come about?
Couples in the collaborative divorce process receive support from a professional team. The team helps them navigate the emotional problems of divorce. All that while resolving legal and financial issues. The wife and the husband each keep a collaborative divorce-trained attorney. The parties, attorneys, and other parties concerned sign a written agreement. The agreement resolves the dispute without going to court.
Statutory Foundation of Collaborative Divorce
The Uniform Collaborative Law Act serves as the framework for the method. It lays out the basic rules for the application of collaborative family law. Michigan became the ninth US state to do so when the state enacted it in June 2014. The law made collaborative divorce settlements a thing. Collaborative law is still a relatively new practice. 2004 saw the training of lawyers, psychiatrists, and financial specialists in this area of law. Since then, Michigan has made collaborative law available. To assist the parties in negotiating a settlement, skilled attorneys have been retained in this process. It does not involve preparing the case for hearings or a trial. The parties mutually agree to a “participation agreement.” A clear scope of legal services is agreed upon by the parties. The full disclosure of all information pertinent to the settlement is demanded. The parties concur to maintain an expert staff trained in collaborative law. A divorce coach is included in this. An understanding is achieved following numerous meetings. The petition is then filed with the court and the judgment is signed. The Domestic Relations Arbitrations Act was passed into law in 2000. In the same year, guidelines for mediation courts were adopted. A 14-year break was followed by the second wave of adjustments. The development of alternative dispute resolution (ADR) began. It started in 2014 with the passage of the Uniform Collaborative Law Act. In 2015, it changed the court regulations for consent decisions. The limited scope representation court regulations were implemented after it in 2018. On April 1, 2019, new court rules went into force, continuing the trend.
Collaborative Divorce is a Team Effort
Collaborative law is based on the “team” ethos. All parties must cooperate to reach a consensus. The impartiality of any professionals involved in the process must be agreed upon by both spouses. When child custody is an issue, this is crucial. The team will include child psychologists, property appraisers, and accountants. Having a lawyer represent a couple during the settlement process may make some couples feel more at ease. Compared to mediation, they are more likely to choose collaborative divorce. But bear in mind that if you can’t agree, you’ll need to engage new counsel and start the formal divorce process. These inexperienced lawyers will have to study the entire case from the start. Legal fees can go up significantly as a result of this.
The Benefits of Collaborative Divorce
Clients are guided through the divorce process by collaborative divorce using a multidisciplinary approach. Families are able to negotiate a kinder, softer divorce by using excellent communication techniques. If at all possible, adults and their children should consider collaborative divorce rather than going through a divorce trial, even though in some cases it may be called for. Collaborative divorce has its own benefits:
- Communication between the parties is important. More so if they want to co-parent children even after the divorce. Collaborative divorce encourages the parties to have direct engagement with one another. It is not done through their attorneys. The collaborative approach aids the parties in getting started in the right direction. The possibility of involving the children in the divorce is greatly diminished. It avoids the conflict that comes with litigation.
- The process gives the parties time to ensure that they are making educated decisions. Every divorce is unique. Courts tend to force parties into cookie-cutter positions. Many cases are settled through court-ordered mediation. Mediation often takes place shortly before a scheduled trial. It puts pressure on the parties to make hasty decisions to avoid the time and expense of a trial. Michigan judges have to meet certain docket management goals. Courts pressure parties to resolve cases within their imposed time constraints. Parties in a collaborative divorce have time to educate themselves. Understand the implications of any settlement options. Sleep on any settlement offers to make sure they are making the best decisions. They do this without court-imposed deadlines.
- The ability to keep personal and financial information private. The courts are public forums. Parties often air their personal issues in front of a crowded courtroom in litigation. Personal and business information gets filed in litigation. It becomes part of the public record that anyone can view. In Michigan, many of the courts allow online access to court files. It includes all documents filed in a particular case. In a collaborative divorce, you can keep this information private.
- It is usually less expensive and time-consuming than litigation. The parties are assured that most of their costs are for their attorneys. This is for time actually spent working on their case. Not spent in a courtroom waiting for their case to be called.
The parties agree to settle their disagreement outside of court. It’s an agreement before entering into a collaborative divorce. If communication breaks down and one spouse decides to sue, the agreement is void. The parties will then need to employ new attorneys to represent them in court. Before you jump into collaborative divorce you need to know if it’s appropriate for you. You have to find out first if collaborative divorce will actually be useful in your case. You have to know because this is where you decide when to get a collaborative divorce attorney.
When is collaborative divorce the most appropriate option for a Michigan divorce?
To establish a just settlement, both parties consent to work with their attorney. One of the key goals of collaborative divorce is to prevent going to court. Choose a strategy that will be helpful to both partners and their children. Listed below are a few signs that deciding on a collaborative divorce is the right course for you:
Both spouses are willing to be cooperative. Both are respectful.
Both parties must be willing to work with each other. Each must be willing to make concessions. There must be some degree of deference to the other party so communication stays open.
Both spouses put the children’s interests first.
The end game is to come to a decision. It goes down to the children’s welfare. Each partner must be willing to focus on the needs of the children. The process might not be successful without this degree of dedication. The parties must commit to protecting the well-being of children.
Both spouses have a reasonable understanding of their legal rights and obligations.
Couples must understand the legal implications of the agreements they are making. Proper understanding allows them to make informed decisions about their case.
Both spouses have the financial resources to pay for the collaborative divorce process.
Collaborative divorce can be more expensive than traditional divorce. Both spouses must have the financial resources to pay for it.
The spouses have a simple case.
Collaborative divorce is not always the best option for complex cases. An example is involving high-value-asset couples. Those with a history of domestic violence.
The spouses are motivated to resolve their divorce amicably.
Both spouses are committed to resolving their divorce amicably. If either spouse is not committed to the process, it is unlikely to be successful.
It is important to speak with an experienced collaborative divorce attorney in Michigan. Discuss whether it is the right option for you. An experienced collaborative divorce attorney can help you understand the process. Determine whether it is the right fit for your situation.
How does a collaborative divorce process work?
Results are produced via collaborative processes as opposed to combative ones. It is a strategy that best satisfies the objectives and principles of all parties involved. Negotiation, compromise, and creative problem-solving are hallmarks of the collaborative divorce process.
The First Step
Three basic concepts form the foundation of collaborative divorce. The first step is for everyone to agree to avoid going to court. A collaborative agreement is signed by the parties and their attorneys before filing for divorce. They agree to resolve all divorce-related concerns under the agreement. There are no court deadlines. There is no reason to rush to court to have a petty dispute resolved by the judge. By deciding to forego a trial, the parties are empowered to control the flow. They get to determine the atmosphere of the negotiations. There is a rule that both legal counsels must leave the case. This happens if one party or both elect to file a Complaint for Divorce with the court. Remaining at the bargaining table is advocated for both parties. This prevents having to find new counsel. This dissuades the lawyers from interfering to boost their legal fees.
The Second Step
The consent to voluntarily share information is the second step. Parties must deal honestly in negotiations. Most of the costs associated with going to court are incurred during “discovery.” The time frame within which the evidence is acquired. Depositions, subpoenas, and interrogatories might be used in this situation. A long series of written questions must be answered. This is done while swearing. It is known as an interrogatory. In a collaborative lawsuit, the parties merely provide the necessary data. The parties benefit from saving time and money. Giving complete information enables the parties to focus on reaching agreements. This focus avoids wasting time trying to find hidden information. It focuses on getting things done.
The Third Step
The third step in a collaborative divorce is the use of additional professionals. Assist them with the emotional issues brought on by the divorce. Encourage them to work together throughout the process. Working with therapists is recommended between the parties. It is possible to utilize a divorce coach during or after negotiations. The parties may instead speak with a child specialist. They can use this to resolve arguments about custody and parenting time.
What is the procedure for collaborative divorce?
The parties must agree to resolve their disagreement outside of court. It is an agreement made prior to the start of a collaborative divorce. If communication breaks down and one spouse decides to sue, the agreement is void. The parties will have to employ new attorneys to represent them in court. The collaborative divorce process consists of six main steps.
Step 1
Each party retains its own legal counsel. Both mediation and collaborative legal training are required of the attorney.
Step 2
A contract will be signed by the party’s attorneys and the parties. They agree to participate in a number of joint sessions, according to the contract. The purpose is to discuss and develop solutions for concerns relating to divorce. Alimony, asset distribution, child support, and parenting arrangements are some of these concerns. They resolve to treat one another respectfully. Parties must disclose all relevant financial and other facts in an honest and open manner. to reach a final settlement agreement without involving the court. The process will be conducted in the strictest confidence, and all parties agree. It creates a secure environment where partners can openly express their worries.
Step 3
There is a selection of supporting specialists. The following individuals make up the collaborative divorce team typically:
- To assist the parties, a mediator. The mediator assists the parties in managing their feelings. Help in communicating their desires and worries;
- To organize the information, a financial neutral. Information about the couple’s assets and cash flow would be helpful. The financial neutral provides tax and financial advice; and
- A child specialist will meet with the children. Find out what they want and need specifically. Assist in developing a parenting plan that is based on the requirements of the children.
Step 4
The divorcing parties, their lawyers, and any supporting professionals work together. Certain milestones are to be completed during a number of combined sessions. A comprehensive settlement deal will be made. Only the attorneys for each party exchange information. To negotiate agreements, each lawyer has a separate meeting.
Step 5
There is often an initial meeting before a decision is made. Only the attorneys and spouses are invited to this conference. Urgent topics are discussed at the meeting. Questions like who will pay whose bills and how many children would be taken care of. Through methodical discussions and problem-solving, the attorneys assist the divorced spouse.
Step 6
The expression of each partner’s particular needs and ideals is encouraged. Identify commonalities and take part in constructive conflict resolution. Parties remember that the objective is to end the marriage. Without causing harm to one another or other family members, dissolve it. The topics are taken up and discussed one at a time. The “other side” is not thought of as a foe to be fought. Finding solutions to the greatest extent feasible. Satisfying everyone’s needs is everyone’s main concern. Both lawyers must be very skilled and knowledgeable in collaborative law. An official, formal settlement agreement is produced and signed. To get the divorce decree, the attorneys draft and file the necessary court paperwork. The divorced couple is not required to appear in court.
How do you know if you should hire an attorney?
The most important thing is to know if your divorce case fits the bill for a collaborative divorce. Not all cases are going to need a collaborative divorce. The previous section should give you an idea if your case is a fit. Considering collaborative divorce? Speak with an experienced collaborative divorce attorney in Michigan. Discuss whether it is the right option for you. Here are some questions to start the conversation:
- What is your personal experience with a collaborative divorce?
- What advantages come with a collaborative divorce?
- What risks could come from a collaborative divorce?
- How long does the normal collaborative divorce procedure last?
- How much does a collaborative divorce cost?
- What are the possibilities that a collaborative divorce will be successful?
Be comfortable with your attorney. Have a good rapport with them. You will be working closely with the attorney during the collaborative divorce process. Choose someone you trust. Hire someone who you feel understands your needs.
The collaborative divorce process is more adaptable. Less expensive than a standard adversarial divorce case in court. The wants and interests of the parties drive the process rather than a court docket. The emphasis is on the family’s future success rather than the current strife of the divorce. Parties are happier because they have control over the process and speed. They have the time and opportunity to examine alternatives. The freedom to exercise their own self-determination. It results in more enduring agreements.
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