On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Wednesday, October 4, 2017.
These days, many Kentucky couples shy away from the traditional courtroom battles still used in Hollywood movies for dramatic effect when marriages end. The cost, time and emotional toll this divorce process can have on a family makes it undesirable. This is why many couples now turn to other options such as divorce mediation or collaborative law to resolve their issues in a less contentious, time-consuming and expensive way.
Before going down the road of collaborative divorce, Kentucky couples may need an understanding of what it requires. Like the traditional adversarial process and divorce mediation, each party should have his or her own attorney. The difference is that this method requires the parties and their attorneys to enter into an agreement that if the process fails, the parties must find new representation.
This means having to start over if it becomes necessary to go to court. If the parties fail to work in good faith or fail to adhere to the rules regarding transparency, it will be necessary to obtain new counsel, which often means additional cost. In addition, the time spent attempting to negotiate a settlement will be lost. Therefore, it is important for couples to understand the commitment they make before entering into the collaborative law process.
Understanding the potential downsides of the collaborative divorce process may help couples determine whether it is right for them. Many people say that the benefits of it outweigh the possibility of having to start over as well. In the end, it is a personal decision that every couple needs to make, and it never hurts to understand what is at stake, good or bad, before moving forward.