“Do not cut what can be untied!” – Chinese Proverb
Indiana Collaborative Divorce
Collaborative divorce is a method for couples to divorce that is effective and efficient. Statistics show that collaborative divorce saves time and money. In collaborative divorce, couples to work with a multi-disciplinary team of professionals to resolve each disputed issue with dignity and respect -- all without going to court! Collaborative divorce is distinct from other forms of divorce – even dispute resolution options, such as mediation or arbitration-- because it involves a set of voluntary ground rules entered into by the professionals hired by the divorcing spouses. Like mediation and arbitration, collaborative divorce attempts to maintain a civil relationship throughout the negotiations process as well as after an agreement is reached.
In a collaborative divorce, each party must sign a contract in which they agree to work together to achieve a mutually acceptable settlement without using and Indiana court to decide any issues for the parties. The parties and attorneys engage in open communication and information sharing (including sharing all financial documents, etc.) to create shared solutions that consider the highest priorities of both parties. This type of cooperation allows for quick and inexpensive sharing of information pertinent to the marital estate and children’s issues, all of which provide a positive impact on the individuals and their children.
Collaborative divorce leads to longer-lasting dispute resolution than traditional divorce because parties are given valuable tools for making good decisions and parties are encouraged to have input in the resolution process.
Understanding Collaborative Law
Collaborative law is multi-disciplinary approach to resolving all issues of the divorce. The parties agree to command their own destiny and work together with trained professionals to resolve custody, parenting time, child support, and property division issues. Collaborative divorce stays out of the court because parties understand that, with guidance, they can manage their divorce better than a judge. Collaborative divorce aims to trouble shoot and problem solve by removing the matter from the "fight-and-win" mentality of a courtroom setting. As part of the collaborative divorce method, each party retains an attorney to represent his/her interest. Each also engages divorce coaches to help as necessary with the personal, emotional, and psychological aspects of the separation and divorce. Child neutrals help the parties understand parenting and custody issues, and financial professionals assist parties in making good choices for division of the marital estate. Together, the team rebuilds the family and marital estate for success as individuals. All of this is done at less expense and less time than the traditionally litigated divorce – even if that divorce is ultimately mediated. All members of the collaborative team are specially trained to create an open environment that encourages the long-term resolution of issues. At Carmel Family Law, we give excellent service to insure our clients long-lasting success as individuals and as parents. Success! Collaborative divorce ensures clients the ability to successfully move into the next chapter of their lives.
Advantages of Collaborative Divorce
The collaborative law process recognizes that emotional issues exist that cannot be addressed by the legal system. A collaborative divorce specifically addresses these issues by bringing them to the forefront and using professionals as part of team approach to finding solutions.
Additionally, resolution in the court system often comes more than a year after the divorce was commenced and after much personal information has become public record. In cases where collaborative law is used, information is kept private. Collaborative divorce saves significant time and money, allows parties to move to the next chapter of their lives with confidence, success, and a sense of well being.