Collaborative Divorce
It should come as no surprise that divorce is a serious problem in communities. While everyone wants to be happy and lead successful lives, when a marriage dissolves, it can take a toll on everyone involved, from the parties and their children to extended family and even employers who must deal with frequent absences and reduced productivity at work. In short, divorce is painful, disruptive, and emotionally exhausting in most situations.
Fortunately, the State of Alabama recognizes the benefits of a collaborative divorce. Unlike litigation, collaboration is aimed at helping two people find a reasonable and mutually acceptable way forward. Collaborative divorce lawyers in Birmingham, Alabama know all too well just how expensive and frustrating litigation can be for separating couples. But is a collaborative divorce right for you?
Is Collaborative Divorce Just Another Name for Mediation?
In short, no. Mediation occurs when two parties are litigating (meaning they are using the courts to resolve a dispute) and they believe that having an out-of-court neutral mediator will help them come to an agreement. Both parties may be represented by separate attorneys in this process.
What is Collaborative Divorce in Alabama?
Under the Alabama Uniform Collaborative Law Act, a single lawyer acts as a collaborative lawyer to help two parties from the beginning.
The following are just some of the basic steps:
- Divorce case is filed in the family court
- The parties ask the court for leave to pursue a collaborative divorce
- A collaborative lawyer is selected
- The court proceeding is stayed (i.e. put on hold) while the parties attempt to reach an agreement
Once the parties reach an agreement on things like property distribution, alimony, child custody, and visitation, the signed agreement is entered in court and becomes part of the court order.
Is there Domestic Violence?
What Type of People Are Best Suited for Collaboration?
Where two people are able to reach a meeting of the minds and cooperate to resolve their dispute, they are a good fit for collaborative divorce. This does not, however, mean that it’s easy or that they will not fight. Disagreements are common still, but the process is usually more affordable and has less impact on the parties and the children. Moreover, people who use this type of out-of-court resolution strategy tend to maintain a friendship and spirit of cooperation, rather than becoming mortal enemies who cannot be in the same room. If there are children involved, this should be the goal.
What if the Parties Argue a Lot and Don’t Get Along Well?
Just because two people argue and don’t get along does not mean that collaborative divorce is out of the question. After all, people get divorced for a reason. Usually, people who get along well and never argue don’t seek divorce. The key to look for is whether there is violence, mental health issues, or some other serious reason why collaboration would not work. Many people think their spouse would be unreasonable at first, but through the process, both sides begin to see the benefits. So, even if the marriage has been plagued with difficulty and arguments, it may still be possible to work together one last time to save yourselves and your children the heartache of a long, drawn-out litigated divorce.
For help with a collaborative divorce in or around the Birmingham area, contact Anderson Miller Law Firm today and speak with an experienced collaborative divorce attorney who can provide the skilled and compassionate guidance that you and your family deserve.
Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise.