Divorce is not an easy path, even when both parties know it is the only solution. But when one person in the failed partnership refuses to let go it can be unbearably difficult, particularly when children are involved.
This is one of the reasons mediation, or collaborative divorce, are usually the best approaches to take. The other option is straightforward (but often ugly) litigation, where a judge will make the rules. Litigation is generally more stressful for everyone concerned, and undoubtedly the most expensive option. Since the judge decides on the divorce settlement, if one spouse refuses to “let go,” clinging to the relationship, this can cause additional problems after the divorce is final.
Collaborative divorce and mediation attorneys can help to obviate this type of scenario.
How an Alpharetta Collaborative Divorce Attorney Can Help
Before the divorce case goes to court, the couple works through their differences with their own collaborative divorce lawyers – out of court. Then they reach an agreement, together, on a formal divorce settlement.
Additionally, when couples consult with collaborative divorce attorneys they often work with other professionals too. These may include financial, child and other specialists and divorce coaches. With their experience, these professionals can help both parties come to terms with the reality of divorce, even if one is refusing to let go.
Because both parties have their own attorney, they also get expert legal advice that is specific to their individual needs.
Typically a divorcing couple working with collaborative divorce attorneys will agree how any mutual (marital) property, as well as debts, is to be divided. The process also sets boundaries for the future, including custody and parenting plans if children are involved. Spousal and child support is also part of the agreement.
Once the couple reaches an agreement that they consider to be mutually beneficial, the attorneys handle the necessary paperwork and file for divorce in a court of law. As long as the judge is convinced that the divorce settlement has been negotiated in a fair manner, and neither spouse has been unfairly favored, it’s simply a matter of rubber-stamping the agreement to make it legal.
If the couple can’t reach consensus and the divorce ends up in court, neither of the collaborative attorneys may represent their clients.
How Mediation Attorneys Can Help
Like collaboration, mediation is an out-of-court process that costs less than litigation. Using mediation attorneys enables couples to control the outcome of the divorce settlement in a similar way to collaboration. However, only one attorney is involved, and that person must be completely neutral.
In the event of one partner refusing to “let go,” the mediation will try to persuade both parties to be reasonable. Ultimately, having decided to divorce, neither party can move forward if one is hanging onto the past.
If you are facing the prospect of divorce, come and talk to our experienced Alpharetta collaborative divorce attorney and mediation attorneys. You’ll be glad you did.
