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What makes a collaborative divorce unique?

On Behalf of | Nov 11, 2024 | Divorce

Couples hoping to end their marriages in Ohio have several options. Ohio allows some couples to pursue dissolution. This is a form of uncontested divorce in which the spouses establish their own terms for custody, support issues and property division before involving the courts.

Dissolution works well in scenarios involving minimal conflict or when spouses previously signed a prenuptial agreement. Dissolution is not always a viable option, as many spouses disagree about the terms of their divorce, at least initially. There are several options available for those hoping to limit the conflict in an upcoming divorce. Some couples decide to pursue a collaborative divorce.

What separates a collaborative divorce from a standard litigated divorce?

Collaborative divorce requires a commitment to cooperation

The collaborative divorce process is different from the very beginning. Spouses need to retain legal representation and must sign an agreement committing to the collaborative divorce process. If they find themselves unable to resolve their disputes, they may need to begin the process over from the beginning.

During collaborative divorce, spouses may negotiate with one another or through their lawyers. They may attend mediation. The goal during all of these steps is to reach an agreement regarding the division of marital property and any other outstanding terms on which the spouses currently disagree.

When collaborative divorce is successful, the spouses’ uncontested divorce may be quite similar to dissolution. The spouses provide the courts with information about the terms that they have set. A judge reviews and approves those terms, finally granting a divorce decree at the end of the process.

Collaborative divorce offers many benefits

There are many attractive features that make collaborative divorce such a popular option. Having full control over the terms set is attractive for many couples. The enhanced privacy of settling matters outside of court is also beneficial.

Collaborative divorce also serves as a way to minimize conflict between spouses. Instead of going to war with one another, they find ways to cooperate. The effort to work together in a collaborative divorce can make co-parenting easier or can help spouses prepare to run a business together after a divorce.

Discussing the different options for divorce available in Ohio with a skilled legal team can help people choose the best solution given their circumstances. Collaborative divorce is a popular alternative that focuses on achieving a fair and amicable outcome.