Atlanta Collaborative Law Attorneys
Collaborative Family Law
Collaborative divorce and mediation are two alternative methods that can be used jointly or separately to finalize a divorce without excessive bickering and litigation. When two divorcing spouses can agree on most of the contentious issues in a divorce to come to a peaceful resolution, collaborative divorce and mediation provides an excellent option that can save a couple time, money, and stress.
Collaborative divorce is based out of collaborative law, which treats the divorce as a business agreement in which the spouses distribute the assets after a period of cooperative negotiation. For collaborative divorce to work, the spouses must be able to work together with each other and with the collaborative divorce lawyers, financial planners, accountants, counselors, and other professionals to create a plan that all parties can agree on. Once the plan is agreed on, then a Georgia court can finalize the divorce.
If you think collaborative divorce might be for you, keep in mind that before starting the collaborative divorce process both spouses must sign an agreement stating they will not go or threaten to go to court. The spouses must also agree to be cooperative, share information, use the third-party professionals when needed, and put forth a good effort into the negotiations. The spouses must also agree to attend all meetings, as most of the process is completed during the “four-way” meetings where both spouses and each spouse’s attorney work on the divorce agreement details.
Mediation is another alternative divorce method that can be used with collaborative divorce or mediation can be used separately. The main difference between mediation and collaborative divorce is that mediation requires that the spouses work with one neutral mediator without attorneys present, while collaborative divorce is accomplished by both spouses and each spouse’s attorney work together cooperatively to finalize the divorce.
Mediation, much like collaborative divorce, can take place in just a single meeting or may be spread out over multiple meetings. Mediation is a much less stressful process than litigation and multiple court appearances, as mediation can be scheduled around the spouses’ schedule. This means that the mediation process is easier on both the spouses, and ultimately the children.
In mediation, both spouses have the option to pursue litigation after the mediation process. If mediation is done properly, litigation should not be necessary and even if the spouses go to court, the information stated in mediation is confidential and will not be allowed in court. This rule prevents information from a failed mediation from further ruining court proceedings.
Choosing a Divorce Mediator
If mediation or the collaborative divorce process is for you, then it is imperative that you seek out the best legal advice. Georgia collaborative divorce lawyers have experience in working with spouses through a collaborative divorce. These attorneys usually have extensive knowledge about collaborative divorce and mediation. However, not all divorce mediators are lawyers. It may be in your best interest though to find a mediator who is an attorney, as the financial decisions that you make during a divorce will affect the rest of your life. Only an experienced attorney will be able to give you the most comprehensive advice on your divorce.
Peacefully Finalizing a Divorce
The Atlanta firm of Bushnell & Drye has many divorce lawyers who have experience in many types of divorce resolution. Whether you are seeking litigation, mediation, or a collaborative divorce, our attorneys will work with you to finalize your divorce in the least stressful manner possible. We understand our clients and divorce law, so that we can work to represent your interests. If you wish to have a consultation with our firm or if you are interested in an alternative to divorce litigation,contact us for more information and to see if we fit your divorce needs.