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What is the Difference Between Collaborative and Contested Divorce?


When a couple files for divorce, they are saying that the marriage they entered into is no longer able to continue, for one reason or another, and they wish to go their separate ways. Not all marriages, however, end with both parties on amicable terms. In cases where a couple is unable to come to an agreement on their divorce-related issues such as child custody spousal support property division and more, they do have the option to file for a contested divorce.

In a contested divorce, both parties are forsaking their rights to determine the stipulations of their dissolution of marriage, and are in fact turning that responsibility over to the court. As such, both parties could be left with serious financial and emotional burdens due to having to adhere to court orders that could make it difficult, if not impossible, for them to move on from the marriage and get a fresh start.

Although most couples are only familiar with contested and uncontested divorces, there is another option available. In this day and age, many couples are now turning to the collaborative divorce as a less taxing, less expensive and more viable alternative to a contested divorce. In a collaborative divorce, both parties hire their own attorneys then sign an agreement to negotiate the full terms and fair settlement, of their divorce outside the courtroom through a serious of meetings.

By using collaborative law, the couple will essentially be able to file for an uncontested divorce, as all disputes and agreements will have been negotiated ahead of time. One of the main advantages of a collaborative divorce is that regardless of whether the two parties originally agreed on all counts of the dissolution of marriage, both parties will retain the right to lay out their own terms and conditions prior to going to court.

If you or a loved one are facing a heated divorce, you need to consult with an experienced Paulding County divorce attorney at the firm without further delay. The firm and its attorneys have assisted their clients through all manner of difficult divorce cases and they know what it takes to protect the interests of their clients.

Contact a divorce lawyer at Henrickson & Sereebutraright away to determine whether or not a collaborative divorce may be right for you.