Marriages are easy enough to enter into. And, if you skip the fancy wedding, they can be pretty inexpensive. When you get divorced, things become a lot more complicated—and expensive. It can be even more complicated if the parties are at odds. Family law attorneys are far too familiar with the reality of divorces in America. One attorney, Joryn Jenkins, witnessed this firsthand when her own parents divorced when she was just seven years old. After surviving that, she resolved to not have any other families (and children, especially) go through what she went through. Jenkins has had thirty-five years of trial work, seeing a lot of marriages come and go. She has developed a technique called “collaborative divorce,” and offers it as an alternative to the heated divorce horror stories we all hear about. Collaborative divorces leave the parties in a better relationship with one another after the divorce and often cost less.
Collaborative divorces are not done face to face. Each party speaks for himself or herself, voicing concerns and issues. He or she expresses possible solutions to the emotional, financial and legal situations occurring. An attorney tries to sort out both parties’ interests and get a resolution that both parties will agree to. At the end of the process, both parties hopefully are as satisfied as they can be under the circumstances and part ways cordially.
A nice thing about collaborative divorce is that the parties can take their time. If done in court, a divorce case follows the pace of what’s on the judge’s docket. In a collaborative divorce, the parties can set their own pace, taking their time to solidly work through whatever issues they have.
Furthermore, either party is free to leave the collaborative divorce process if they cannot reach a resolution and instead pursue the divorce in court. As collaborative divorce attorneys attest, however, those who leave the process are outliers.
Finally, unlike other divorces, these divorces are private. Therefore, documents with sensitive financial or personal information will not be available for anyone to peruse. This is an ideal solution for wealthy or famous people who desire protecting their personal information.
There are drawbacks. The flip side of the coin of not having the court’s pressure behind you is that the court is not behind you. For example, if you are trying to get your husband to disclose certain financial documents in a collaborative divorce, he might flat out refuse. A court, on the other hand, would compel him to hand those over. Additionally, if you have had a power imbalance in your relationship where one member was a pushover, the other party might take advantage of that during negotiations. A judge decides whether division of assets is fair and equitable. Finally, there is the chance that the parties will not agree about dividing assets and have to resort to traditional divorce attorneys.
Although there are drawbacks, this process offers a new way for couple divorcing, one much more likely to end in peace rather than strife. If you are looking for more information about divorce, let us help you. – contact or call us today at 770-408-7000.