A Nonadversarial Option That Respects All Parties

Collaborative divorce is an option that has become increasingly popular in Ohio in recent years, as it offers benefits that are not found in the typical divorce. The collaborative divorce process is often less time-consuming, less expensive and less emotionally difficult than a standard divorce that must be worked out in court. Both sides approach collaborative divorce in Ohio with a desire to come to equitable solutions, and both sign a participation agreement that states that they will do their best to be reasonable throughout the process. These commitments ensure that the groundwork is laid for a divorce where each party is respected, and each party has the best chance of getting what they need and want from the divorce.

The Collaborative Divorce Process

The key to collaborative divorce is that everyone involved — both spouses and both of their lawyers — agree to negotiate all matters surrounding the divorce without resorting to litigation. In 2012, the Collaborative Family Law Process Act was signed into law, which established legal guidelines for collaborative divorce in the state. As part of the act, spouses and lawyers must sign an agreement that verifies the rules of the process and states that litigation is not an option. If an agreement cannot be reached between each party, the lawyers agree to withdraw from the case.

Each spouse will meet with his or her lawyer before negotiations begin to work out the details of the case, and then spouses will meet along with their lawyers to begin negotiations. Collaborative divorce law firms will have on staff various nonlawyers such as family counselors, psychologists, financial professionals and real estate appraisers, who can assist in various aspects of the divorce. Any needed specialist who is not on staff can be brought in to resolve questions as well.

The attorneys will guide the negotiations and ensure that their clients cover all necessary elements of the divorce, and they will complete all the legal documents required to finalize the divorce.

Benefits Of Collaborative Divorce In Ohio

When you choose collaborative divorce, you are seeking a divorce where both you and your spouse can end your marriage with as much dignity and respect as possible. Not everyone is prepared to make such a commitment, but for those who are collaborative divorce is preferable to the contentious and expensive divorce that so many people find themselves going through.

Some of the benefits of collaborative divorce include:

Collaborative divorce is less expensive

Hiring a divorce attorney can be expensive, especially if the attorney must spend a great deal of time on your case. Developing a divorce case for litigation is time-consuming, as a substantial amount of information must be gathered and an argument must be developed to present to the court. Court proceedings also take a lot of time to go through, with many contentious divorces taking a year or more to resolve. The more issues that need to be resolved by the court, the more time it will take. All of this adds up to large attorney fees.

Collaborative divorce is less time-consuming

A contentious divorce may require your attorney to fight for every single aspect of your separation from your spouse — property division, child custody, child support, etc. Each question must be argued by attorneys and decided on by the court, which takes time. The more complex the issues, the longer it may take for the court to work through them and come to a final decision.

In a collaborative divorce in Ohio, both sides are seeking a solution. The collaborative approach cuts down on the time it takes to decide on all issues, and it eliminates the need to wait for the court to make a decision. Where it may take a year to get a typical divorce, a collaborative divorce can often be completed in a matter of months.

Collaborative divorce reduces the stress of divorce

The end of a marriage is always emotional, but a typical divorce can greatly amplify the pain, frustration and resentment that come with separation. The stress involved in the process can be significant, especially for children. The harder each side fights to get what it wants, the more difficult it becomes for everyone.

In a collaborative divorce, much of the stress is avoided. Both sides are already in the right mindset to resolve issues amicably, and the fact that litigation is not an option encourages resolutions. With less time, less expense and a better mindset, the divorce can be accomplished with minimal stress.

Discuss Your Options

If you are considering a collaborative divorce in Ohio, please contact a divorce attorney at Laubacher & Co. Our divorce lawyers are experienced in the collaborative process and are here to answer your questions. We offer a free initial consultation, so you can learn more about your divorce options at no cost to you.

Still have questions about the collaborative divorce process? Click here to read our Collaborative Divorce FAQs.