Is There A Better Way To Get A Divorce?
A trial is not the only way to resolve a divorce. There are methods of alternative dispute resolution that often work better than a traditional trial. One of these methods is collaborative divorce.
At E.N. Banks-Ware Law Firm, LLC, we help Georgians in the metro Atlanta area determine what type of divorce works for their unique circumstances. Whether it is negotiation, mediation, collaborative divorce, or a trial, our experienced family law attorney can provide the knowledgeable representation you need. If you choose collaborative divorce, attorney E. Noreen Banks-Ware can guide you through the process. Since 2006, she has been certified in collaborative law to better serve her clients’ divorce needs.
What Sets Collaborative Divorce Apart?
In 1990, an attorney from Minnesota developed a new way to help people divorce amicably. His goal was to reduce the emotional trauma and the lengthy, expensive process of traditional divorce. This idea quickly caught on in other states and is now used throughout the country.
Collaborative law allows couples to end their marriage in a less adversarial way. Unlike traditional litigation, the collaborative process does not pit the spouses against each other. Instead, the couple and their lawyers work together to resolve the issues in a more amicable way. Using negotiation and mediation, the parties focus on talking through their differences rather than arguing about them in court.
The collaborative divorce process is unique in several ways. Unlike negotiation and mediation, which do not require attorneys, each party must have their own attorney in a collaborative divorce. Moreover, the attorneys must be certified or trained in collaborative law. In addition, the parties sign an agreement stating that if process does not work, the spouses will retain new attorneys and go to trial.
Another unique aspect of this method of divorce is that additional professionals may be brought in to help the couple with things such as communication, child custody issues, mental health concerns, and financial matters. These experts are neutral parties, meaning that they do not favor one side over the other.
What To Expect From The Process
Once you and your spouse have lawyers and sign the agreement mentioned above, the rest of the process can begin. You will meet with your lawyer in a separate session where the two of you will discuss what you want from the divorce.
There will then be meetings with your spouse and their attorney to talk through the issues. The goal is to reach an agreement on everything: the division of marital property, custody, and spousal and child support. When you reach this stage, you will have a divorce settlement that can be filed with the court.
As noted previously, if you cannot reach an agreement, you will have to take the case to trial and hire new attorneys.
What Are The Advantages?
A collaborative divorce offers some advantages over traditional divorce litigation:
- The process is usually less expensive than taking the case to court.
- It is less time-consuming.
- Because you are working together, with help from others, it is typically less stressful.
- It may help preserve your relationship with your spouse so you can co-parent successfully.
- You get to decide what works for your family instead of having a judge or jury make those decisions.
Speak with us to find out if this method will work for you and your family.