Should I consider collaborative divorce to settle my case?

On Behalf of | Aug 3, 2021 | Collaborative Law |

For Louisiana couples who are getting a divorce, if the case is decided on by a judge, it can be difficult to achieve an outcome that is acceptable to both sides. Many cases are acrimonious and any attempt at a resolution will be useless. For couples who are on reasonably good terms and want to try to reach a consensus without a time-consuming and costly court case, collaborative divorce might be a viable alternative. This is true regardless of a couple’s financial situation, how many children they have and their goals for the future.

Key points about the collaborative divorce process

Before moving forward with a collaborative divorce, it is important to understand fundamental facts about it. In a collaborative divorce, cooperation is preferred in lieu of each side staking out positions with little room to negotiate. Collaborative legal professionals will be present for both parties and try to find common ground. This can create solutions for property division, child custody, child support, visitation and alimony.

The primary benefit of collaborative divorce is that it can substantially reduce conflict. Circumstances in which couples refuse to budge in their family law case are plentiful. A collaborative divorce encourages bargaining. The parties can reach a temporary agreement while the case is in progress; they can share information willingly; they can set the ground rules and keep from engaging in long-term dispute; a settlement that both sides can live with can be reached; and they can agree how to handle any challenges that arise after the divorce is completed. In family law, any strategy to cut down on negativity can be beneficial personally, emotionally and financially.

For some cases, collaborative divorce is a wise path

Some attempts at a collaborative divorce fail and it is necessary to go to court. Still, if the sides are amicable, willing to be flexible and want to move forward without rancor or an extended court battle, it could be fruitful to explore this option. From the outset, it is useful to be aware of the positives and negatives and to have experienced advice.