Collaborative divorce is emerging as one of the most popular methods of dispute resolution amongst separating couples in New Hampshire. While collaborative divorce is not for everyone, it does have some distinct benefits that make it the preferred choice for many. The following reviews the advantages and disadvantages of the collaborative divorce process, as well as how the attorneys at the Law Offices of Attorney Michael F. Mimno can help you if you are unsure about collaborative vs. traditional divorce.
What is collaborative divorce?
A collaborative divorce is method of divorce dispute resolution where a divorcing couple amicably collaborates to come to an agreement about contentious issues. During a collaborative divorce, both parties are represented by attorneys, and both parties agree to forgo litigation. In the event that issues cannot be resolved via collaboration and litigation is necessary, representing attorneys will remove themselves from the case, and the parties must each retain new counsel.
The Advantages of Collaborative Divorce
There are many clear advantages to collaborative divorce. Because both parties agree from the get-go to resolve things as amicably as possible, collaborative divorce often mitigates the hurt feelings, stress, and anger that are present in traditional divorce proceedings. Furthermore, in a collaborative divorce, both individuals have a say in what they want, and get to partake in the negotiating process. As such, a couple is in charge of their own divorce terms; a judge does not make a decision about divorce issues, which can be empowering for individuals. For couples that have children, a collaborative divorce can be particularly beneficial, as the emotional battles so characteristic of divorce are often avoided. When a collaborative divorce is successful, it is often much less expensive than the traditional divorce process.
The Disadvantages of Collaborative Divorce
When emotions are extremely high and individuals cannot control these emotions, collaborative divorce is not the answer. In the event that issues cannot be resolved through collaborative divorce, attorneys will have to be changed, and litigation will pursue. This can be expensive, frustrating, and time consuming.
Is a New Hampshire collaborative divorce the right choice for us?
If you and your spouse are seeking a divorce, collaborative divorce might be the right choice if you both want to settle the divorce respectfully and on good terms, or if you have children and want to minimize the impact that divorce has on them. If issues are particularly divisive or emotions cannot be controlled, standard divorce proceedings may be more beneficial.
At the Law Offices of Attorney Michael F. Mimno, our family law specialists want to meet with you to discuss your divorce, common issues in divorce, and the potential of a collaborative divorce today. For an attorney you can trust and who will advocate for you, call 978-470-4567 or contact us online for a free consultation.