)
Contrary to popular belief, divorce doesn’t always have to lead to litigation. There are couples who are open to working together in creating a divorce settlement outside the court that will reduce the emotional and financial burden brought by the divorce to both parties and the children. This situation is known as a collaborative divorce, and Davis and Associates, Attorneys at Law, LLC is here to guide you through these proceedings.
When we assist you during these proceedings, our Atlanta collaborative divorce lawyer will guide you in finding peaceful solutions to key divorce-related concerns. You can also count on us to help you protect your assets, which you will use once the divorce is finalized.
Call Davis and Associates, Attorneys at Law, LLC at (404) 905-8031 for your Free Consultation with an Atlanta Collaborative Divorce attorney.
What Is Collaborative Divorce?
Collaborative divorce is an alternative dispute resolution option that allows spouses to resolve their divorce without having to seek the court’s intervention. They will meet outside the court with their respective collaborative divorce attorney to discuss how key issues, like child support, spousal support, child custody, and asset division, are arranged before the divorce is finalized.
These negotiations often take days, depending on the issues they need to discuss, and the agreed terms will be in writing and signed by both parties in good faith.
What Happens During the Collaborative Divorce Process?
The collaborative divorce process is very easy to follow as it involves:
- Initial Discussions - Both parties should meet to determine if both are willing to negotiate and undergo a collaborative divorce. If one party is not agreeable to the negotiations, they cannot proceed with the collaborative divorce.
- Legal Consultation - Each party must now hire a collaborative divorce attorney who can help them navigate through the negotiations and assist them in creating the ideal divorce settlement. The attorney would then help you create a collaborative divorce team that will ensure that all options are considered for each issue affected by the divorce.
- Signing the No Court Agreement - The two parties, and their attorneys, must now meet to sign a “no court” agreement, which will allow the attorneys to withdraw from the case if either party withdraws from the collaborative divorce proceedings, so they can begin the court proceedings. The agreement will also hold each party accountable and incentivize them to negotiate even if it gets difficult.
- Joint Meetings - You’ll participate in structured sessions to resolve all aspects of the divorce, from property division, custody, parenting plans, alimony, to debt responsibility. All information must be provided to the other party for the negotiations. Any hidden assets or information discovered after the negotiations can cause the court to reopen the divorce and alter the agreed-upon settlement.
- Final Agreement - Once an agreement is reached, your collaborative attorneys will prepare a settlement agreement that must be signed by both parties after reviewing it. The signed agreement will then be brought to the court for their approval. When the court approves the agreement, it will be considered the final judgment for the divorce.
Davis and Associates, Attorneys at Law, LLC's Atlanta collaborative divorce attorneys will work with you actively from the moment you reach out to us. We won’t give up on your case and provide you with thoughtful recommendations that will allow you to decide what’s best for your interests.
Benefits of Collaborative Divorce in Atlanta
There are many reasons for divorcing couples to consider collaborative divorce, and they include:
- Affordable - While both parties still need to hire a collaborative divorce attorney for the negotiations, the negotiation proceedings are more affordable than traditional divorce litigation.
- Less adversarial stress – Collaborative divorce prevents both parties from throwing shade at one another, which can complicate the negotiations. It also reduces the emotional stress already felt by all parties because of the divorce, thanks to the third party that is guiding them.
- More control – Parties are able to shape the terms of their divorce agreement rather than leaving critical decisions to a judge.
- Privacy – Collaborative divorce proceedings are confidential, unlike traditional divorce proceedings, which are on public record.
- Efficiency – Collaboration divorce often leads to faster resolutions than litigation for contested divorce.
- Child-focused outcomes – Divorce agreements made from collaborative divorce can prioritize co-parenting and reduce conflict around custody and support.
Even if they are divorcing, spouses who are ready to work together during these negotiations will be satisfied with the final outcome and abide by the divorce agreement.
Is Collaborative Divorce Right for You?
Considering the benefits of a collaborative divorce, couples may be tempted to consider it for their divorce case. You and your spouse can be a perfect fit for a collaborative divorce if:
- You and your spouse are willing to communicate honestly
- You and your spouse are willing to compromise
- You want to protect your children from courtroom conflict
- Privacy and discretion are important to you
- You’re committed to finding a fair, workable resolution
- You’d prefer to keep control of the outcome instead of leaving decisions to a judge
Having an Atlanta collaborative divorce law firm, like Davis and Associates, Attorneys at Law, LLC, can help you look into the nature of your divorce and see if it will work with a collaborative divorce arrangement. If there are any issues, but both parties are willing to compromise, we can provide the appropriate legal support they need to get through the negotiations and reach an agreement that all parties can agree on.
Why Choose Davis and Associates, Attorneys at Law, LLC’s Atlanta Collaborative Divorce Lawyer
From the moment you reach out to us to the time when the courts approve the final agreement, you can trust the Atlanta collaborative divorce attorneys of Davis and Associates, Attorneys at Law, LLC to be with you. When we deal with divorce cases, we don’t just advocate for your interests, but also help you find common ground with your spouse to resolve any issues that may complicate the divorce proceedings. Our team will look into your case thoroughly, identify your priorities, find the best compromise, and ensure that the agreement made is compliant with Georgia’s family law. Our lawyers will also make sure that you fully understand the process and the possible avenues to take if the discussions fall apart.
Your case will also be kept under wraps so you can focus on the negotiation. If you are worried about the costs, we do have an initial consultation where we will provide you with an estimate for the legal service you wish to avail yourself of.
Frequently Asked Questions
1. How long does a collaborative divorce take in Atlanta?
It varies depending on the complexity of the case and the willingness of both parties to cooperate. Some divorces can be resolved in a matter of weeks, while others may take a few months. By comparison, traditional divorce proceedings can take years to complete.
2. Is collaborative divorce legally binding?
Yes. Once an agreement is reached and submitted to the court, it becomes legally binding when the judge signs the agreement.
3. What happens if we can't reach an agreement?
If the collaborative process fails, both parties will need new attorneys to represent them as they proceed to litigation to resolve their case.
4. Can we still use collaborative divorce if we don’t agree on everything?
Absolutely. Total agreement isn’t required before you start. Collaborative divorce is designed to help couples work through disagreements in a structured, respectful environment.
5. Will a collaborative divorce also work for high net worth divorces and other complex divorces?
Yes. As mentioned above, so long as the couple agrees to negotiate, they can benefit from a collaborative divorce.
Schedule Your Free Consultation
Divorce is already stressful for everyone, but if you can resolve it quickly and without arguments, it will do favors for all parties. With collaborative divorce, you will be able to move through this challenging phase without any bad blood between you and your spouse and have a solid plan that will cover every issue brought by the divorce.
Learn more about collaborative divorce and how you can adapt it to your case by contacting (404) 905-8031 today for a free consultation. One of our collaborative divorce attorneys will be ready to take your call and create a strong legal front during your negotiations.
Call Davis and Associates, Attorneys at Law, LLC at (404) 905-8031 for your Free Consultation with an Atlanta Collaborative Divorce attorney.
