A peaceful method of separation and a divorce without court

Posted by GeorgeVelvet on November 15th, 2013

Marriage is a very complex endeavor that requires a lot of compromise and communication. Sometimes even the most committed couples reach the point of no return and need to discuss the term of separation. There is a lot of emotional turmoil involved in the breakup of a marriage and sometimes people feel the need to get even. Litigations can become quite messy especially if there are a lot of financial assets involved but there is a way to handle a divorce without court. Collaborative divorce provides the means necessary to handle custody and property disputes in a way that reduces the amount of anxiety and stress on all parties involved. It can be especially beneficial for couples that have children because it diminishes the harmful emotional effects that minors are exposed to during the dissolution of a family. If you find yourself in a situation where separation is inevitable but you don’t want to lose a lot of time and money in the process you might want to consider the possibility of a divorce without court.

Although it is the better choice in most cases there are a few situations that might make you ineligible for a collaborative divorce. Assuming that there is clear evidence of domestic violence on either you or your children being in the same room as the abuser might develop into a dangerous situation and either way the probability of reaching common ground is very small in this case. In the event of drug use or mental illness a divorce without court will not be able to determine whether the spouse in question has limited judgment or full ability of understanding the complex details of the agreement and further measures need to be taken. If one of the partners is suspected of financial fowl play the proceedings of collaborative divorce cannot guarantee an equal and fair division of monetary and real estate assets as the possibility of full disclosure is questionable.

Before you can discuss the possibility of a divorce without court it would be a good idea to seek the council of a specialized lawyer. You have the possibility of settling your disputes with a simple negotiation between two legal representatives but if you also need to handle custody issues it’s best to choose the team collaborative divorce approach. In this case you, your partner and your children will benefit from the combined expertise of a child psychiatrist, a financial advisor and a legal counselor. This group of highly trained professionals will be in charge of analyzing all the angles of your particular situation and devising a plan that will benefit everyone involved.Even if all these experts will be involved in the team collaborative divorce the cost will be significantly lower than in the case of court litigation. When you go to trial the possibility of reaching an agreement in a reasonable amount of time is very slim and the battle for goods can last for months or even years, stacking up a fortune in lawyer fees and litigation expenses. If you and your partner benefit from professional counseling that encourages communication rather than retaliation there is a higher chance of reaching a settlement that benefits both parties and that doesn’t damage family relations, especially if you still have to raise children together.

If you don’t want to pay a lot of money for trial expenses a collaborative divorce is by far the better option for separation. In the event of a divorce without court the time required to reach a settlement is also reduced.