What is the difference between a contested divorce and a collaborative divorce?
The difference between a contested divorce and a collaborative divorce is the approach each takes to resolving the legal matters of the dissolution of a marriage. A contested divorce is one in which the two parties are unable to agree on the terms of the divorce, such as the division of assets, child custody arrangements and alimony. In this situation the spouses must go through litigation, in which each will hire an attorney to take their case to court. In a collaborative divorce, the two parties agree to negotiate and settle the terms of the divorce without litigation. This process involves hiring a lawyer who specializes in Collaborative Divorce Law, which is available in California. Both parties must sign a contract detailing their commitment to resolve the issues in an amicable and mutually beneficial way. A collaborative divorce is also required to involve multiple professionals, such as financial and mental health specialists, as part of the process to create an effective and accurate settlement agreement. The main advantage of a collaborative divorce is that the couple is able to work together to reach a solution that is satisfactory to both of them. In contrast to a contested divorce, in which the court’s decision may not always be in the best interest of both parties, a collaborative divorce allows both parties to be part of the decision-making process and come up with a tailored outcome that reflects their respective needs and interests. Additionally, the collaborative approach is less expensive, quicker, and more private than litigation.
Related FAQs
What documents are required for a collaborative divorce?How can I ensure that both parties are adequately advised in a collaborative divorce?
How do I ensure fair child support arrangements in a collaborative divorce?
Is a collaborative divorce right for me?
How do I handle pre-divorce and post-divorce financial issues in a collaborative divorce?
What are the common issues addressed in a collaborative divorce?
What is a parenting coordinator?
How do I ensure that all of my interests are represented in a collaborative divorce?
What is collaborative divorce law?
How can I ensure that both parties are represented fairly in a collaborative divorce?
Related Blog Posts
What Is Collaborative Divorce Law and How Does It Work? - July 31, 2023Exploring the Benefits of Collaborative Divorce Law - August 7, 2023
Pros and Cons of Collaborative Divorce Law - August 14, 2023
An Overview of the Process of Collaborative Divorce Law - August 21, 2023
FAQs for Potential Clients Considering Collaborative Divorce Law - August 28, 2023