Understanding Collaborative Law in Divorce
While divorce is not easy, it doesn’t have to be all costly. You can choose to have a collaborative divorce by agreeing on how you will divide your property, children among other issues about divorce. You can have a simple divorce Ontario completed financially painless, which will be good for your emotional well-being. To have a smooth divorce, all the divorce agreements must be concluded, but having the conclusion without any havoc is the key.
What Is Collaborative Divorce?
Collaborative divorce is when couples can divorce without going through court proceedings to have their divorce certificate. Divorce in court may not only be time-consuming but will be costly in the long run. The only disadvantage here is that those who choose not to involve a lawyer may find themselves disadvantaged at some point. While one may have chosen collaborative divorce because it is not financially draining, one should still consider that there must be legal protection. With collaborative divorce, you will:
· Have a faster process after agreeing on all your divorce processes
· It will be cheaper than having the court solve your issues.
· You will have time to better negotiate about issues concerning custody, spousal
support, division of assets.
The only drawback here is that if both spouses cannot agree, their lawyers are forced to withdraw from the case and cannot represent such in any court proceedings. Again, if you need an emergency court order, such as your spouse leaving with children without informing you, collaborative divorce may not be suitable. But if all goes well, then the end result will be a written agreement used for your final divorce decree.
What You Need To Know In A Collaborative Divorce
For a successful collaborative divorce, both spouses must ensure that:
· They have lawyers trained to help them go over divorce, following the state rules concerning collaborative law.
· Both spouses have the willingness to work towards the same goal to ensure the best interest.
· Together with their lawyers, each party must work out together to try to resolve any outstanding issue.
· For financial matters, one may choose to have financial experts.
It’s worth noting that your spouse doesn’t have to push you to accept the collaborative divorce. It’s voluntary, and no one should be forced to use the process.
Why Work With A Lawyer?
Although collaborative divorce is for those spouses who feel they can work out their divorce issues together, a legal representative helps spouses resolve issues while at the same time protecting their legal rights. Besides, a lawyer has the right knowledge of the financial documents needed to make informed decisions.
Suppose you and your spouse have decided to divorce and want to resolve your issues. In that case, you can choose to have an experienced collaborative lawyer help you draft a separation agreement that will be used in your divorce.