When you look up divorce, two terms will pop up – ‘Collaborative’ and ‘Cooperative’. Both sound good. Separation is not an easy process, so you are looking for an amicable divorce rather than an overheated fight.
If you are in Texas look for Central Texas Lawyers. They are the best law firm for collaborative divorce in Austin, Texas. Ending a marriage legally can affect both involved parties emotionally and financially. Every situation differs and there is the possibility of conflict and complexity in the process. Collaborative and cooperative divorce are similar terms and if you wonder how these options work in dissolving marriage with less conflict then read further.
Collaborative divorce
The divorcing spouses along with their lawyers willingly sign the participation agreement. They agree to negotiate and mediate without filing court motions or even threatening to do so. Every communication is done in good faith, with honest collaboration, with full disclosure, and without legal action.
Collaborative divorce aims to lessen stress. Court proceedings and litigation thoughts add undue stress on the parties involved in ending their marriage. Hiring a collaborative lawyer helps to move things quickly. Talk about things you prioritize and make efforts to reach an agreement. In a collaborative process, a financial expert and the closest family member are included. The financial expert explains financial aspects and helps to find a fair solution for everyone involve [spouses and children]. The family member interferes when the negotiations get emotional or heated to ensure things progress productively.
The collaborative process appoints the separating couples to be in charge along with their advisors. The process is quick and issues get handled in a dignified manner. In case, there is no mutual agreement and one of them decides to take proceedings to the court then the divorce process starts again with a new attorney. Your attorney signed the agreement to withdraw if the case happens to reach the court.
Cooperative divorce
The goal in cooperative divorce is the same but the key difference is if there is no mutual agreement then the proceedings will take place in court. Neither party is prohibited from filing a lawsuit to resolve the risen challenges.
Even if the goal is to resolve separation via mediation and peaceful negotiation, things may not proceed as expected. The lawyer will continue to represent you via the lawsuit sessions. Despite best intentions, the dynamics will shift and there may be a need for court interference to protect your best interest. One of the spouses may deny participating in meetings, which is why a cooperative divorce is a healthy option. It gives space, while not fighting.
Good family lawyers want divorce cases to resolve as soon as possible without argumentation and delays. Hiring a collaborative attorney means you tap a trained team. Rather than decisions being made by an arbitrator or judge the separating couple controls the divorce negotiations. If children are involved make a ruling that can help both and the kids. The arbitrator or judge is narrowed by legal parameters and rules of what they can order. The collaborative process facilitates separating couples to get creative and happier with their trade-offs.