What is the difference between a contested divorce and a collaborative divorce?
The main difference between a contested and a collaborative divorce is the way in which disagreements and disputes are handled. In a contested divorce, the parties involved cannot come to an agreement and must go to court to resolve their issues. In this situation, two attorneys represent the spouses and a judge makes the decision in regards to child custody, division of assets and liabilities, and other issues. In contrast, a collaborative divorce is an approach that focuses on problem solving and encourages cooperation between the spouses. In a collaborative divorce, the parties involved have joint representation by attorneys who specialize in collaborative divorce law. The parties attempt to work together to find a reasonable resolution without the need to go to court. This approach includes the use of mental health professionals, financial advisors, and other professionals who may be needed for the spouses to come to an agreement. In Delaware, collaborative divorce law is becoming more popular as an alternative to a costly and drawn out court battle. It allows for the parties to come to a resolution in a cooperative manner while giving the spouses more control over the outcome. It is also a less stressful and more private way of resolving disputes and is seen as being more cost effective.
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