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Is collaborative divorce right for you?

Collaborative divorce is a popular new option for divorcing couples in Michigan and across the country. Although litigation alternatives like arbitration or mediation are also still available, collaborative divorce offers several advantages.

As a preliminary matter, collaborative divorce might not be appropriate in every situation. In a highly contentious divorce, the resources and formality of a courtroom may be needed. For example, if one spouse is suspected of hiding assets, formal document requests and deposition testimony might be needed to safeguard the other party’s right to an equitable distribution of the marital estate. But for couples that are committed to working together to resolve their issues, collaborative divorce can save time and money.

Couples in a collaborative divorce agree not only to work together, but also to share information with each other. That means that formal document production requests or deposition testimony are unnecessary. When experts in finance or child psychology are needed to provide guidance, the divorcing couple retains them jointly. Although each party may separately retain an attorney to attend the discussions, the end result of collaborative divorce discussions should be a settlement proposal that is mutually agreeable and likely to be approved by the court.

Best of all, the terms of the settlement agreement typically remain confidential, as do the negotiations. A possible exception might be information that must be shared with relevant agencies, like child support. Our law firm offers a broad range of divorce services. We can help you decide whether collaborative divorce might be right for you.

Source: Business Journal, “How to divorce without publicizing your private life,” Joana Posey, Oct. 18, 2016

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Bebout, Potere, Cox & Bennion, P.C.
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Rochester, MI 48307

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