Addressing Common Concerns About Collaborative Divorce in Kentucky
Although it is no secret that going through a divorce can result in a contentious, challenging, and expensive process, not all divorces have to rise to the level of drama usually found on television. If a couple wants to end the marriage as efficiently and peacefully as possible, a collaborative divorce may be the best option. However, to understand what collaborative divorce entails and whether it is the right option for you, in the blog post below, we will review this method in more detail and discuss the common concerns people have about collaborative divorce.
What Is Collaborative Divorce?
Collaborative divorce offers a way to resolve family law disputes without resorting to court litigation. Instead of arguing in front of a judge, collaborative divorce involves voluntary, confidential, and cooperative participation. Each spouse will have to work with their own legal team, following an agreed-upon process to reach a mutual agreement on all disputed issues, including child custody, parenting time, spousal support, and property division.
Common Issues With Collaborative Divorce
Although collaborative divorce has been around since the 1990s, there are still individuals who are opposed to the process because of common misconceptions related to it.
Costs Too Much
While collaborative divorce will incur costs, it is generally less expensive than a contested divorce. During this process, some tasks are often delegated to specialists, who are typically more affordable than lawyers. Furthermore, a collaborative divorce can help avoid the expenses associated with a trial.
A Judge Would Come To a Better Decision
Another common misconception about collaborative divorce is that it assumes a judge’s decision will be better and more accurate because it will follow the state’s laws. However, it is important to understand that this is just one perspective. For some people, a couple who can make decisions together that work for the family and are in the best interest of the children may help the family move forward and heal, even if these decisions may differ from what a judge would have made.
It is also critical to note that a judge does not know you, your family, or your spouse. Yet they will be responsible for making critical decisions about your life. As a result, it is not uncommon for the outcome to not reflect the best interests of either party or the children but rather what the judge can discern with the limited time they have to understand the case’s details.
The Lawyer Will Withdrawal
On certain occasions, the collaborative process can fail, and in these instances, the parties will need to find new lawyers to handle their divorce litigation. However, this occurrence is rare.
In a collaborative divorce, the parties agree not to litigate in court. Consequently, couples generally take this commitment seriously and strive to resolve their issues amicably. Additionally, the couple’s team works within this process and focuses on reaching a decision that addresses the needs and interests of both spouses, leading to a constructive and positive outcome.
Contact Hoffman Walker & Knauf Today To Learn More About Collaborative Divorce
Attorney Greta Hoffman Walker from Hoffman, Walker & Knauf has been a trained collaborative lawyer for divorce and custody issues since 2004. She is committed to providing you and your family with the representation you deserve while presenting you with as many options as possible to help you get through this challenging time.
If you are considering divorce and want to know more about collaborative divorce in Kentucky, contact Hoffman Walker & Knauf today to speak with a member of our experienced legal team and get your questions answered.
