COLLABORATIVE DIVORCE

For couples with disagreements regarding divorce terms, collaborative divorce allows you to use a respectful process that keeps your private matters out of the courtroom.

Rather than an adversarial process, a collaborative divorce utilizes a team of legal, financial, and mental health experts to reach a mutually beneficial settlement. This process allows you to reach a positive outcome for your divorce while preserving assets and avoiding the stress of litigation.

What is Collaborative Divorce?

Collaborative divorce is a form of alternative dispute resolution that allows couples to negotiate the terms of a divorce without the emotional pain and financial burden of fighting in court. This innovative technique is comparable to amicable divorce, yet offers its own distinct set of advantages.

Couples seeking a collaborative divorce are looking for a win-win solution. They understand that if they go to court, there will be big legal fees, emotional stress, and financial strain. So, they seek out an attorney who understands the value of compromise and negotiation. These attorneys are committed to managing conflict instead of creating it.

Why Should You Get a Collaborative Divorce?

 

It Saves Money

While collaborative divorce does involve attorney fees, it is far less expensive than litigation. More of the total “pie” goes to the spouses rather than the lawyers, as compared to a contested divorce where much more goes to attorney fees.

It Saves Time

While the length of negotiations varies based on the specifics of the case, a collaborative divorce will often be quicker than a contested divorce.

It Saves Heartache & Reduces Stress

Collaborative divorce avoids the mudslinging and character assassination that can occur in court proceedings. To get the maximum outcome for their client, zealous lawyers will often attack the character of the opposing spouse. Then, the lawyer for the spouse will “return fire,” attempting to tear down the opposing spouse to build up their own client. It can turn into a very ugly situation where everyone loses except for the lawyers.

On the other hand, collaborative divorce can allow the parties to work together to reach a solution that is best for everyone. Collaborative lawyers seek to minimize the emotional distress of divorce while working towards a positive outcome for their client.

How Does Collaborative Divorce Work?

Each collaborative divorce is unique, with different situations involving things such as custody, property, and assets. However, this is the basic process:

1. The divorcing spouses have a conversation and agree that collaborative divorce is the best way to proceed. They agree that they are willing to negotiate and collaborate to achieve an outcome that is mutually beneficial, as compared to a contested divorce.
2. Each party hires their own attorney. This attorney should be supportive of mediation and understand the collaborative process.
3. Both parties sign an agreement not to go to court. The attorneys involved agree to withdraw if the case ends up in court.
4. You then meet with your attorney privately. You and your attorney discuss your situation and needs. You decide on key issues before negotiations begin. This helps your attorney know where there is room to compromise, and where your limits are.
5. You and your lawyer sit down with your spouse and your spouse’s attorney. There will be multiple meetings until an agreement is reached.
6. Depending on the specifics of your case, the proceedings may involve other specialists such as mental health professionals or financial planners. These parties should be neutral and committed to helping you settle out of court.
7. Once an agreement is reached, the attorneys file your divorce papers and settlement agreement with the court. Since you have gone through the collaborative divorce process, this will be a simple, uncontested procedure.

Is Collaborative Divorce Right for Me?

Collaborative divorce has many upsides but is not appropriate in every situation.

Are Both Parties Willing to Compromise?

The collaborative process only works when both spouses agree to work together in a collaborative manner. It is unlikely that either side will get everything they want.

However, it is highly likely that both sides will walk away with more than they would have in a contested divorce, due to the reduced attorney fees. Both spouses must be willing to negotiate, compromise, and work together towards an outcome that is fair to both parties.

Are Both Parties Able to Communicate?

The collaborative process requires communication, negotiation, and compromise. This is impossible when either party is unwilling to communicate with the other party.

When There is a History of Domestic Abuse

The collaborative process may not be appropriate when there is a history of domestic abuse, violence, or manipulation. While it is usually easier for shattered families to heal and thrive if the parties can reach an agreement outside of the trial process, there can be dangers when there is a history of coercion and manipulation.

It is important to talk to an attorney who understands the collaborative process and can employ a team of mental health professionals and act not only as your attorney, but also as your “divorce coach.”

How Much Do Collaborative Divorce Attorneys Cost?

While collaborative divorce is less expensive than contested divorce, there are attorney fees involved. The total cost depends on the specifics of each case, the amount of negotiation and planning involved, and which lawyer you hire.

At Atlanta Holistic Family Law, most Collaborative Divorce cases range from $5,000 to $15,000. In comparison, the typical cost of a litigated divorce begins at $20,000, and often reaches $60,000 or more.

Will I Know the Costs Up Front?

After learning about your case during a free consultation, Atlanta Holistic Family Law will quote you a flat rate. That way you know exactly how much will be going towards attorney fees.

However, all law firms have their own fee structures.

Who Should I Hire if I Want to Get a Collaborative Divorce?

You should hire an attorney with specific experience in dealing with collaborative divorces.

Many family law firms will try and steer their clients towards litigation, as this is much more profitable for attorneys. At Atlanta Holistic Family Law, we are on a mission to help clients resolve their family law matters in a peaceful way that protects their privacy, finances, mental health, and co-parenting relationship.

Attorneys who represent their clients with an aggressive approach in every situation are usually not effective collaborators.

How Do You Get a Collaborative Divorce in Georgia?

The first step is to talk to an attorney.

Get started with us by filling out this form or calling us at (770) 214-4767. We will schedule you a free initial consultation, discuss your case, and quote you a flat rate up front. Then you can decide whether we are the right fit for you.

Divorce is a stressful experience, but we try to reduce that stress as much as possible so you can thrive! We wish you and your family the best as you go through the divorce process.