There is a divorce alternative for couples looking to avoid litigation. Here’s what to know about getting divorced without going to court.
Divorce in a courtroom may leave couples feeling dissatisfied and drained. When getting divorced within a courtroom, one party may feel taken advantage of. Courtroom divorces can also ruin the relationships with friends and family members who may become involved.
Courtroom vs. Collaborative Divorce
Disadvantages of courtroom divorce include:
- Can be time-consuming and drawn out
- Can be expensive
- May include an unhealthy involvement of children, friends, and family
- May result in unfair negotiations
If you want to avoid divorce in a courtroom, a collaborative divorce may be a great alternative.
Courtroom battles can become messy and drawn out in the midst of a divorce. Divorcing outside of court can save you money, protect your privacy, and prevent your children from becoming involved. Consider getting a collaborative divorce to avoid court, sustain healthy relationships, and maintain discretion during a divorce.
What is a collaborative divorce?
A collaborative divorce is an option for couples who want to get divorced without court involvement. The collaborative divorce process allows both parties to work together during their divorce with legal protection on both ends. The collaborative divorce process helps spouses sort out their differences in a mediated setting, encouraging healthy negotiations and ensuring satisfaction for both parties involved.
Advantages of a collaborative divorce include:
- Less expensive than divorce litigation
- Sustains healthy relationships
- Avoids children involvement in court
- Maintains privacy
- Avoids the stress of divorce litigation
- Both parties provide information voluntarily
- Reduces post-divorce litigation
While the collaborative divorce alternative can help couples avoid divorce litigation, the collaborative divorce process may not work for everyone.
Related: How to Have an Amicable Divorce in California
When to avoid collaborative divorce
1. Spouses are unable to work together
In order to proceed with a collaborative divorce, both spouses must work together and trust one another. If spouses are experiencing a messy divorce, collaborative divorce may not be a suitable option.
2. Spouses are unwilling to compromise
Collaborative divorces require compromise on behalf of both spouses. During the collaborative divorce process, both spouses must reach an agreement that works for both parties. If a spouse is unwilling to compromise, a collaborative divorce may not work.
How to get a collaborative divorce
1. Spouses must agree to get a collaborative divorce
The collaborative divorce process requires the cooperation of both spouses, you and your spouse must be on the same page before taking further action.
2. Each spouse must hire an attorney
Both parties must hire an attorney to discuss their interests regarding the divorce settlement. During these discussions, each spouse should establish how they wish to divide assets and debt, how to handle custody if children are involved, visitation, financial support, and how to split any 401(k) accounts or pension plans.
3. Each spouse should assemble their collaborative team
After communicating with their attorneys, each spouse should assemble their collaborative team. This team may include a divorce coach, financial specialist, and/or child specialists. Both collaborative teams should work together to find the best options for both parties regarding divorce settlements.
Related: Collaborative Divorce in California: What You Need to Know
4. Attend four-way meetings
During four-way meetings, spouses and their respective attorneys must negotiate the desires of both parties. A “no court” agreement must be signed, which allows both attorneys to withdraw from your case if either spouse opts out of the collaborative divorce process. Each four-way meeting should make progress toward a divorce settlement that leaves both spouses satisfied.
5. Sign a settlement agreement
After negotiations are made, a settlement agreement must be signed by both parties to finalize the divorce. If both spouses are happy with the terms of the settlement and sign the agreement, it must be presented to a judge. The divorce is finalized once a judge finds the settlement reasonable and signs it.
FAQs About How To Divorce Without Going to Court
What is the cost of a collaborative divorce?
The cost of divorce varies from couple to couple. The cost of a collaborative divorce ultimately depends on the cost of the legal teams involved. Collaborative divorces are a great example of how getting divorced without going to court can be less expensive than divorce litigation.
What if the judge does not sign off on the divorce agreement?
If a judge does not find the divorce agreement reasonable, both parties must reassess the document with their respective attorneys at a four-way meeting. A divorce settlement is only finalized once a judge approves and signs it.
What happens if a spouse becomes uncooperative during a collaborative divorce?
If a spouse is unwilling to work with their partner during a divorce, the collaborative divorce process will not work. If a spouse becomes uncollaborative, opt out of the collaborative divorce process as soon as possible to avoid the expenses of hiring a different legal team.
Related: Contested and Uncontested Divorce: The Difference
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