Divorce can be a contentious process that drags on for an undue length of time. When it’s all over, the parties emerge more bitter, more disillusioned and often poorer. But when the spouses can agree that dissolving the marriage is in their best interests, they might also be able to agree on the terms for that dissolution. That is the premise behind collaborative divorce, a cooperative process that empowers spouses to negotiate a settlement agreement that is mutually beneficial. At Grant & Sain, PLLC in Jackson, our divorce lawyers believe in the collaborative process as a means to resolving all necessary issues out of court. If you and your spouse would like to avoid a court battle, we can help you avoid litigation while achieving a settlement that protects your rights.
Collaborative divorce is a dispute resolution process designed to keep the parties out of court. To that end, the parties and their attorneys pledge to negotiate until they reach a settlement. If one or both of the parties become discouraged and decide to pull out of negotiations, they must begin all over again and hire new attorneys. That threat is usually sufficient to keep talks on track until all issues are resolved.
Collaborative divorce requires the parties to be reasonable, patient and forward-thinking. The benefits include the following:
To obtain these benefits, parties must approach collaborative divorce with an open mind and a commitment to transparency.
Once the spouses agree they want to pursue a collaborative divorce, each should meet with a lawyer who is trained in the process and with the requirements for no-fault divorce in Tennessee. The attorneys can then schedule work sessions to discuss various issues, such as:
The process is much like divorce mediation, except there is no third-party mediator. The parties consult with their attorneys to prepare for sessions, then meet in work sessions to tackle items on the agenda. The pace of the work generally depends on the complexity of the issues and the parties’ level of cooperation. When the parties finally have a marital settlement agreement, they present that document to a judge, who approves it and grants the divorce on those terms.
Grant & Sain, PLLC in Jackson provides trustworthy collaborative divorce representation throughout West Tennessee. To schedule a consultation with one of our attorneys, call 731-256-7477 or contact our office online.