Ending a marriage is never an easy process. However, there are ways to make it less stressful and expensive. In collaborative law, you and your ex-partner can work together with your respective attorneys to resolve all aspects of your divorce without going to court.
What to expect during the process
In Pennsylvania, the collaborative divorce process typically begins by signing a “Participation Agreement.” All parties must sign this document, including the attorneys. If the parties cannot reach an agreement and decide to go to court, the collaborative attorneys must withdraw. Each spouse then must hire new legal representation.
The rest of the process involves a series of meetings where you discuss and negotiate aspects such as property division, child custody and support. You may also bring in other professionals, such as financial advisors or family therapists. Once you and your ex-partner agree on all the terms, the attorneys will create a settlement agreement and submit it to the court for approval.
Drafting and negotiating your settlement
It’s important to be prepared when you enter your collaborative meetings. Below are five questions that you may encounter while discussing and negotiating the terms of your settlement agreement:
- How will we divide our assets and liabilities? The proposed division plan should explain how each asset and liability will be divided between you and your spouse. For example, you might agree to sell the marital home and split the proceeds.
- What is the best custody arrangement for our children? You and your ex-partner should decide who will have joint or sole custody. You must also discuss the visitation schedule in detail, covering weekdays, weekends, holidays and vacations.
- Will there be spousal support? Both parties should discuss who will provide spousal support. The settlement should outline the amount and duration of the payments. It should also address conditions for modifying support, such as changes in income or employment status.
By addressing these questions, you can have an idea of what you want to see in a comprehensive and fair settlement. However, it’s important to approach collaborative discussions with a willingness to compromise. This can help ensure that the final settlement promotes a stable and positive future for all involved.
Find out if this is the right process for you
If you’re considering a collaborative divorce process, take the time to explore how it can benefit you and your family by consulting with an attorney.
