The current economic situation is affecting every facet of daily life. Legal issues are significantly affected due to the fact that they often involve financial issues. Divorce, among other things, is a financial division of a parties’ assets. Usually both parties lose assets and, in addition, have to spend money on legal fees.
The collaborative divorce process is not free, but it has certain advantages over the old fashioned way of divorcing.
1. Long-term solution. The collaborative divorce process results in a divison of assets that is designed to be of a long-term benefit to the parties. Traditional ways of dividing assets can be avoided. Financial specialists are used to figure out the most beneficial outcome for the process.
2. Avoiding ongoing litigation. Traditional divorces rarely end after the divorce is legally finalized. There are almost always on going obligations between the parties, such as selling a house or support payments. It is rare for divorced spouses to not end up back in litigation over an issue. The most common current one is modifying spousal support obligations. Parties who have used the collaborative process are much less likely to go back to court and, if something does need to be changed they can use collaborative means.
3. Cost. While the collaborative process has costs associated with it, it is always cheaper than going to trial.
4. Cooperation. The lawyers in a collaborative divorce are working together for the family’s best interests as opposed to fighting with each other. This leads to better availability to discuss mutually beneficial outcomes.
If you are thinking about divorce, but are fearful of the process given the current economy, I suggest that you schedule a consultation with Stephens & Margolin LLP to find out if the collaborative divorce process could ameliorate those concerns.