When going through a divorce, whether you’ve had a feeling it was coming or you’re blindsided by your spouse’s decision to file, it’s important to understand your legal options. Unfortunately, because of the intense emotional aspects of this process, many forget to consider the different legal and financial aspects of this process. It’s critical to understand that your divorce does not have to be a bitter battle. Instead, you may benefit from a collaborative divorce with your spouse. If you’re unsure of what this is or whether or not this is right for you, you’ll want to keep reading. The following blog explores what you should know about this process, as well as why it’s imperative to connect with a Nassau County divorce lawyer.
How Does a Collaborative Divorce Work?
A collaborative divorce is a form of alternative dispute resolution that works by having both parties work together to determine the outcome of their divorce. This process takes elements from traditional litigation and mediation. It is imperative to understand, however, that even though this is a collaborative process, your attorney will still represent your best interests.
Generally, when a couple divorces, each party will obtain an attorney to fight on their behalf. During a collaborative divorce, these lawyers will work together through negotiation and compromise to help you and your spouse achieve the best possible outcome. Typically, the attorneys will agree to withdraw from the case in the event either party decides to move the case to court. This helps ensure the attorneys are focusing on finding the best possible outcome rather than preparing for litigation. In addition, agreeing to stay out of court encourages you and your spouse to work these matters out, as the process of obtaining a whole new legal team can be incredibly expensive.
In addition to your attorneys, you’ll work with experts who can help determine the best possible outcome. This could involve an accountant to help you and your spouse explore the different tax consequences you can expect, or a child specialist to help you and your spouse determine the best custody arrangement for your child.
Is This Option Right for Me?
For many, a collaborative divorce combines the best elements of litigation with mediation to create an ideal process. However, it’s critical to understand that this option may not be right for every couple. Because this process requires you and your spouse to be open to compromise and thus requires considerable communication, only those who are truly able to work together may benefit from this process. Collaborative divorces are not recommended for those who have experienced domestic violence or abuse in the marriage, as the power imbalance means this process would not work. In this instance, litigation is recommended.
If you and your spouse have decided to work together to make the divorce process easier, the first step in this process is finding an attorney to represent you and your best interests. At the Law Offices of Jay D. Raxenberg, P.C., our team understands how overwhelming these circumstances can be. That is why we will do everything in our power to help you recover the best possible outcome for your circumstances. When you need help, contact us today to learn more.
