When couples decide to get a divorce, they are often left with no other options available. Their bond as a marital couple has been too damaged to continue on. Although couples may go through ups and downs, sometimes the bad times cannot be mended. If this has happened to you, contact our attorneys for legal help. We want to provide you with a smooth process. Divorce is a hard enough time with emotions running high. Make sure you are in good legal hands to protect yourself during this process.
With the decision to get a divorce, there are a few options open to couples. If spouses cannot stand to be near one another, often times that can lead to litigation. This may cause a big fight and lead to a time-consuming and costly process. However, litigation can be avoided. Spouses can consider other options, such as mediation or a collaborative divorce.
What is a collaborative divorce?
Collaborative divorce is a method to end a marriage and resolve issues without causing the spouses to enter into litigation. It is comprised of four-way meetings focused on resolving the marital issues that the couple has faced. The goal of a collaborative divorce is to have both spouses be respectful to one another in order to negotiate with their attorneys present. This requires the cooperation of both parties.
The negotiation sessions will agree on issues relating to the marriage. This will include child support, alimony, child custody, spousal maintenance, the division of assets and more. Attorneys work with both clients to develop a compromise. The final outcome should be agreed upon by both spouses. If spouses are not happy with the way the negotiation process is going, they can opt out of it and enter into litigation instead.
What if my attorney pushes me to endure litigation instead?
When spouses enter into a collaborative divorce, a participation agreement is signed. Not only do both spouses sign this, both attorneys sign the agreement as well. Through this agreement, the attorneys are to work through the process with their clients and not push them toward pursuing litigation. If litigation becomes necessary, the attorneys are not allowed to represent their clients in court. This is to protect the rights of the spouses.
During these meetings, neutral parties may be involved as well. A collaborative coach is focused on managing the process through facilitation. A neutral financial professional is also on hand to help clients understand their financial situation to advise along the way. A child specialist is also available to help make decisions on matters involving the children.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.