Dissolving a marriage is never easy. If you have recently filed for divorce or your partner has just served you with divorce papers, you may feel anxious about the many practical and emotional changes ahead. On a more immediate level, you might be dreading the contentious legal battles over matters like property division, spousal support, and child custody. Fortunately, there are now alternatives to what used to be a strictly oppositional situation. For example, a collaborative divorce may be a sensible option for keeping your case out of court.
The legal team at Alward Fisher understands the benefits and challenges of the collaborative divorce process and can help you determine if it’s right for you. Our experienced lawyers will work tirelessly to help you reach your goals, protect what is yours, and secure a positive future for you and your family. Call us today or contact us online for a confidential consultation and find out how our Traverse City collaborative divorce attorneys can help you.
What Is Collaborative Divorce?
A collaborative divorce in Michigan is a way of dissolving a marriage without resorting to the court system. When a couple chooses a collaborative divorce, both spouses and their legal representatives sign an agreement stating that they will resolve their differences without initiating litigation. This agreement provides a framework where each side commits to working together (rather than against each other) to find common ground on issues such as the division of marital property, alimony, child custody, visitation, and child support. The process can benefit couples who share children because it puts their interests first.
How Does Collaborative Divorce Work?
After the couple and their attorneys sign the written statement to initiate the process, they schedule a series of meetings to work out the framework and the details of an equitable settlement. Each spouse’s legal team will be present to provide support and assistance, but the couple will take the lead during these meetings. They may also enlist the services of other professionals with training in the collaborative divorce process, including mediators and financial professionals.
Each party may also hire a divorce coach, usually a therapist, counselor, or psychologist. This individual provides emotional support through this challenging process.
When the relevant parties sign the initial collaborative divorce agreement, the attorneys and other professionals on the collaborative divorce teams vow to resign from the case if the negotiations are unsuccessful or if the process becomes too contentious to allow for an amicable settlement. As such, everyone involved has a strong motivation to work in a way that is conducive to reaching a conclusion that will benefit both sides, as well as any children.
Advantages of a Collaborative Divorce
A collaborative divorce offers several advantages over a traditional litigated divorce, including:
- More control over the process and outcome – Because you and your spouse negotiate directly, you have more say over the terms of your divorce settlement. This allows you a better opportunity to meet both parties’ needs.
- Less stress and anxiety – Without the pressures of court hearings and filings, the process is typically less adversarial and stressful. Avoiding court battles can reduce anxiety for both spouses.
- Privacy – Unlike court records, details of collaborative proceedings remain confidential, allowing you to dissolve the marriage with dignity.
- Preserve relationships – For couples with children, a collaborative divorce supports effective co-parenting after divorce by promoting goodwill between spouses.
- Cost savings – Because negotiations happen more quickly without court intervention, collaborative divorce often costs less in legal fees than traditional litigation.
Disadvantages of a Collaborative Divorce
While a collaborative divorce has many benefits, there are some potential drawbacks to consider:
- Time-consuming – In many cases, the negotiation process takes time and effort from both spouses, especially when the marriage has lasted several years and many assets are involved.
- No court backup – If talks break down, attorneys must withdraw, and parties must start over with litigation. This can mean extra costs and delays.
- Requires cooperation – Collaborative divorce only works if both parties negotiate in good faith. High-conflict couples that are miles apart on many key issues may not be well-served by the collaborative process.
- Less guidance on law – Without court oversight, couples have less certainty on how a judge would rule on disputed issues.
- Risk of impasse – There’s a chance talks will reach an impasse, causing the process to collapse. Litigation would then be necessary.
What to Look For in a Collaborative Divorce Lawyer
When selecting an attorney for a collaborative divorce, look for these crucial qualities:
- Extensive training in the collaborative process – Ask about their credentials and experience.
- A collaborative, problem-solving mindset – Avoid attorneys who insist upon taking an adversarial stance.
- Strong communication and mediation skills – These qualities facilitate productive negotiations.
- Comfort dealing with emotional issues – The lawyer should be ready to help you feel at ease in this challenging transition.
Most importantly, you want to find a lawyer with a strategy that resonates with you and who is active in the local collaborative practice community.
Contact the Divorce Lawyers at Alward Fisher
While divorce is rarely easy, the court system can often make it much more complicated than it needs to be. Many divorcing couples can find common ground without setting foot in a courtroom. Working with a Michigan collaborative divorce lawyer can help you achieve your goals in a constructive and amicable way that will reduce the likelihood of any unnecessary emotional trauma.
With more than 100 years of combined legal experience, the Traverse City collaborative divorce attorneys at Alward Fisher have the knowledge and skills to guide you through the process effectively and efficiently. Contact our team today for a confidential consultation. We look forward to getting to work for you.
