How do I handle issues of property division in a collaborative divorce?

In Delaware, the property division process in a collaborative divorce works differently than a typical court-based divorce. It is important to go into the process of the collaborative divorce with an open mind and with a willingness to compromise. The first step is for both spouses to consult an attorney who specializes in collaborative divorce. The attorney will provide advice on how to divide the property. It is important to note that in a collaborative divorce, the spouses are in control, not the court. Although an attorney will be there to provide advice, the spouses are ultimately in charge of the property division decisions. Next, both spouses may choose to create a fair and equitable division of the property. This may include a division of assets, debts, and investments. It is important to take into account any premarital agreements, and any separate assets owned by each party. The last step in the process is to draft an agreement which both spouses sign. With this agreement in place, it is important that both spouses understand their rights and responsibilities as it relates to the property division. This agreement should be reviewed by independent lawyers to ensure that it is fair to both parties. In sum, the process of property division in a collaborative divorce in Delaware is much different than a court-based divorce. It is important to consult an attorney, create a fair and equitable division of the property, and have an agreement in place to make sure rights and responsibilities are understood.

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