When many are trying to resolve their divorce, they end up negotiating with their soon-to-be ex-spouse. Many prefer negotiating directly with their spouse versus hiring lawyers to help them. The idea of lawyers becoming involved just feels wrong to them.
But when they start negotiating, the reality is even where both parties want a divorce, there are areas of disagreement. This can be the case even where the parties agree on “most” issues in their divorce.
It could be a custody issue that hangs up the settlement. It could be that the finances are complex. It could be that child support or spousal maintenance hangs up settlement. It could be that there is a power imbalance that makes negotiations uneven.
No matter the situation, the truth of the matter is that many parties agree on “most” issues in their divorce. It’s the areas of disagreement that are the problem. This can lead to a party simply rolling on something important to get the divorce done. It can also lead to some parties trying their case in contested proceedings.
Instead of either rolling over or going to court, collaborative divorce is another option. Where both parties want a divorce and want to settle, these are important first steps. But it’s the areas of disagreement where collaborative divorce can be uniquely situated to help parties get to the finish line to settle their case.
Through collaborative sessions with the collaborative lawyers, and the use of the collaborative team, many parties are able to get to a settlement on the areas of disagreement. This can take a case where there is an agreement on “most” issues and turn it into an agreement on “all” issues. An agreement on “all” issues is needed for a divorce to settle and conclude.