When most people think of divorce, they imagine a courtroom, drained bank accounts, yelling, and both sides leaving unsatisfied and traumatized by the experience. However, divorce does not have to be like that. In fact, many divorces are not settled in court by a judge and go nowhere near a courtroom. One pathway that may be right for you and your spouse is what is called an amicable or collaborative divorce. To learn more about collaborative divorce, you must get in touch with an experienced collaborative divorce attorney in San Jose.
How Does a Collaborative Divorce Work?
A collaborative divorce is settled by a mediator, who is usually a retired judge or lawyer, with both parties’ attorneys present. This takes place outside of the courtroom, far from any judge or jury. Instead of a judge hearing the arguments and pleas of both sides and then making a decision, a mediator will help the two sides come to a conclusion on their own.
In most mediations of collaborative divorces, if a decision cannot be agreed upon during that day in mediation, there is no ultimatum that must be carried out. That is to say, if the couple cannot come to an agreement on custody, the two parties may try again at a later time, or pursue a noncollaborative divorce.
Because of the much lower key setting of a collaborative divorce, it is lower stress on the couple, and in turn lower stress on children. In fact, studies suggest that there are long-term psychological and physical health benefits for couples who divorce amicably, as well as for their children.
Amicable Divorce Is Still Hard on Children
If you have children, it is important to accept how hard divorce is on them. During an amicable divorce, they may question why you are getting a divorce in the first place if you and your spouse get along so well, according to Psych Central. While an amicable divorce can be better on children than traditional divorce, it is by no means a pleasant experience for them; it is still a catastrophe.
Other Benefits of an Amicable Divorce
Divorces settled in mediation are not only less stressful and a more pleasant experience for everyone involved, but they are also less expensive and much quicker than traditional divorces. A traditional divorce can take many months to finalize, and during that time expenses can balloon, especially if the divorce has to be settled in court. During these months, tensions continue to rise and tempers flare, further driving a stake between the two parties, making it less likely that they will come to an agreement on anything, and perpetuating the vicious cycle.
Call a San Jose Lawyer Today
In order for an amicable or collaborative divorce to be successful, the relationship between the couple must have remained somewhat intact. The couple must be able to negotiate and talk fairly with each other, remain calm, and be able to compromise. Otherwise, an amicable divorce will not work. For all of the answers to your many questions about collaborative divorce, call the passionate San Jose family lawyers at the office of Gemma V. Reyes today.