Marriage or partnership dissolution can be a difficult journey when it reaches an irreconcilable point. People choose to file for divorce or separation due to various reasons such as infidelity, financial disagreements, or irreconcilable differences.
The traditional approach to divorce often involves a long, expensive, and adversarial process, which can have negative long-term effects on the couple and their families. Thankfully, Georgia provides an alternative to the traditional adversarial model of divorce called Collaborative Divorce.
This article aims to explore Georgia’s Collaborative Divorce process, highlighting its benefits and how it works.
Understanding Collaborative Divorce
Collaborative Divorce, also known as Collaborative Law or Collaborative Practice, is a non-adversarial method for resolving issues without resorting to court litigation. It involves both parties, their respective attorneys, and a team of professionals such as financial planners, therapists, and child specialists.
In Collaborative Divorce, both partners commit to working together to achieve the best possible outcome for themselves and their children. This approach encourages open communication, honesty, and cooperation, facilitating a more peaceful and respectful dissolution of marriage.
The Advantages of Collaborative Divorce
Collaborative Divorce offers several benefits compared to traditional divorce litigation.
1. Confidentiality
Collaborative Divorce provides a private process where the couple, their lawyers, and the professional team collaborate behind closed doors to resolve all issues and reach a mutually satisfactory agreement. Unlike a traditional divorce, which may involve multiple court appearances and public hearings, Collaborative Divorce ensures complete confidentiality.
2. Lower Costs
Collaborative Divorce tends to be less expensive than traditional divorce litigation. The process is quicker as the couple works together to create an agreement that suits both parties, resulting in less time spent in court. Moreover, since both parties have agreed to cooperate, there is less animosity, leading to fewer billable hours for legal representation.
3. Retaining Control
Collaborative Divorce empowers the couple to retain full control over the outcome of their divorce. The mutually satisfactory agreement means both parties have a say in what is included in their divorce settlement. This stands in stark contrast to standard litigation, where many decisions are made by a judge who may lack personal familiarity with the family.
4. Preservation of Relationships
Given that Collaborative Divorce avoids an adversarial process, it helps preserve the parties’ relationship beyond the dissolution of marriage. Collaboration aims to reach an agreement that works for both parties while focusing on maintaining amicable relationships and looking towards the future.
5. Focus on Children
Collaborative Divorce prioritizes the needs of children throughout the divorce process. A team of experts, including therapists and child specialists, works with parents to devise a co-parenting plan that considers the best interests of the children involved.
The Collaborative Divorce Process in Georgia
Georgia is witnessing a growing popularity of Collaborative Divorce as more individuals become informed about this alternative to traditional litigation. The process in Georgia generally encompasses five primary phases.
1. Consultation
The Collaborative Divorce process commences with a consultation with a specialized attorney who provides an overview of how the process works, its benefits, and potential risks. The attorney evaluates whether the case is suitable for the Collaborative process.
2. Participation Agreement
The Participation Agreement plays a crucial role in Collaborative Divorce. This agreement outlines the couple’s commitment to avoiding court litigation, defines the roles of each participant, addresses issues of confidentiality, and establishes collaboration principles. It is imperative for both parties or their attorneys to sign this agreement before commencing the process.
3. Team Formation
Collaborative Divorce involves a team of professionals tailored to meet the specific needs of the couple. This team typically includes attorneys, financial planners, child specialists, and therapists. Together, they analyze the situation and work towards reaching the best possible agreement.
4. Collaborative Meetings
Regular meetings take place between the professional team, the couple, and their respective lawyers. These meetings revolve around various topics, such as financial distribution, parenting plans, and asset division. Through open communication and mutual respect, the couple reaches a resolution that benefits both parties.
5. Finalizing the Agreement
Once the couple has reached an agreement, their attorneys draft the final document, which is then presented to the couple for review and sign-off. Upon completion of this process, the agreement is filed with the court, and the court approves it.
Conclusion
Collaborative Divorce represents an excellent alternative to traditional divorce litigation in Georgia. Its numerous benefits foster mutual respect and the preservation of relationships between divorcing couples. Collaborative Divorce is a collaborative procedure that values teamwork and open communication.
If you are located in Georgia and contemplating filing for divorce, considering Collaborative Divorce is a wise choice. Reach out to a Collaborative Divorce attorney today to begin this alternative approach.