Introduction
Divorce can be a painful and difficult process for couples. Sometimes, the traditional adversarial approach to divorce can make the process even worse. However, there is a new approach that has gained popularity in recent years – Collaborative Divorce.
This article will give an overview of what collaborative divorce is, and whether it is available for couples going through a divorce in South Carolina.
What Is Collaborative Divorce
Collaborative Divorce is an alternative process for couples going through a divorce. In a traditional divorce, each spouse hires their own attorney, and the case is litigated in court. In contrast, in a Collaborative Divorce, the couple and their attorneys work together to come to an agreement on issues such as property division, child custody and support, and spousal support.
The goal of collaborative divorce is to create a less adversarial and more cooperative process than traditional divorce proceedings.
How Does Collaborative Divorce Work
In a Collaborative Divorce, each spouse hires their own attorney who has been trained in collaborative law. The couple and their attorneys then work together to come to a settlement agreement. In addition to the attorneys, the couple may also bring in a financial specialist or a mental health professional to help with the process.
The attorneys and other professionals involved in the collaborative divorce will sign an agreement that states they will not litigate the case in court. Instead, they will work together to reach an agreement that is in the best interests of all parties involved.
Is Collaborative Divorce Available in South Carolina
Yes, collaborative divorce is available in South Carolina. In fact, South Carolina passed a law in 2003 that allows for Collaborative Divorce. The state has established ethical and training standards for practitioners in collaborative divorce, and several law firms in South Carolina offer this service.
In addition to traditional divorce, South Carolina also provides a simplified divorce process called “summary divorce”. This process is available for couples who meet certain criteria, such as having been married for less than 5 years, having no children together, and having limited property and assets.
Conclusion
Collaborative Divorce is an alternative approach to divorce that can be less adversarial and more cooperative than traditional divorce proceedings. It is available in South Carolina, and state law sets ethical and training standards for practitioners in collaborative divorce. Couples going through a divorce in South Carolina should research their options and find an approach that works best for their unique situation.