It is nearly impossible to get through the divorce process completely pain-free, but that does not mean there are not options available to make divorce an easier and less combative experience. Collaborative divorce is a non-adversarial method that allows parties to mutually work out issues normally decided by a court in a divorce case – child custody, child support, alimony, and property division. They do this with the support and guidance of attorneys and mental health and financial professionals to ensure the process remains productive and positive. Those seeking divorce in Indiana may have more familiarity with mediation since this is process is commonly mandated by courts when a divorce petition is filed. Collaborative divorce differs from mediation in that the mediator serves as a neutral third party that cannot offer legal advice and has a limited ability to defuse disagreements before the entire process breaks down. Collaborative divorce, on the other hand, is specifically geared towards helping couples work through issues that could lead to an impasse as long as both are committed to avoiding court involvement. An overview of the collaborative law process will appear below to help those seeking divorce consider another alternative to a traditional court-driven dissolution.
Foundations of the Collaborative Divorce Process
A central aspect of any collaborative divorce is a commitment by the parties not to initiate litigation in court or threaten litigation as a negotiation tactic and instead pledge to settle all the financial and child custody issues in a private agreement. This agreement will ultimately be filed with a court in order to receive a legal divorce, but a judge will have no role in deciding the terms of the couple’s separation. In addition, the attorneys that work with the parties in the collaborative process are not permitted to transition to a court-based proceeding if the parties are unable to come to agreement. In that situation, the parties would have to find new counsel to represent them. These terms are laid out in a participation agreement that both parties sign at the outset of the process and bind each to follow it through to the end. All segments of collaborative divorce are confidential and at a much lower cost and faster option to conventional divorce cases.
Role of the Professionals
The key to this process working is the willingness of the parties to engage in open and honest communication, which is facilitated by the support the parties receive from their attorneys and other professionals. Other than lawyers, it is common to have mental health counselors, financial professionals, and child specialists on hand to assist the parties in working out solutions to issues that everyone can accept. Because everyone involved in a collaborative divorce approaches the process as one that based on resolution through mutual agreement, a lot of the tension and rancor is removed during communications. Mental health professionals help each party deal with the emotions that will inevitably come up so they do not stonewall any progress. Financial professionals advise on the financial position of each party and help them make an equitable division of assets and liabilities. Finally, a child specialist represents the child’s best interests and assist with drafting child custody and parenting time provisions. All the professionals who participate in the collaborative divorce receive special training to optimize the likelihood the success for the parties and standardize how the process operates.
Contact a Collaborative Divorce Attorney
If you think a non-adversarial process that allows you to remain friends with a soon-to-be former spouse is an option for you, contact Christopher L. Arrington, a certified collaborative divorce attorney working in central Indiana. While this process is not for everyone, Christopher Arrington can educate you on the process and suggest what the best avenue for dissolution is in your situation. Call him to schedule a confidential appointment today.