Morgan Smith

Collaborative Divorce Nashville

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Collaborative divorce is a non-arbitrated divorce where the couple agrees to work together with the help of a facilitator to reach a mutual agreement. A contested divorce is where the couple is not able to reach an agreement and the court makes the decisions for the couple.

 

There are many myths about divorce. One of the most common myths is that divorce is always acrimonious. This is far from the truth. There are actually cases where couples can not only remain civil to each other but also talk about their differences to reach an agreement that’s good for both of them. This kind of split is known as collaborative divorce. We’ll look at what collaborative divorce is and how to approach it.

 

When to Go with a

Collaborative Divorce?

You have young children

Litigation is adversarial in nature and it is very difficult to litigate a contested divorce without hard feelings 

You want to Preserve a Coparenting Relationship

Collaborative divorces are designed to help people work together to determine their future and this can be especially useful with children.

The use of counselors will help you work through the issues you are having but also your children to help structure a divorce settlement that takes all of those needs into consideration.

In or Near Retirement

Collaborative divorce uses financial neutrals and a more collaborative process, which allows for more flexibility with settleements and makes it more likely you will be able to keep your retirement on track.

Complicated Financial Situations

Courts try but it is difficult to explain complex financial situations in a courtroom, especially with interim or temporary actions where you may not even be permitted to speak to the Court.

Collaborative divorce allows for more detail oriented solutions and agreements, both during the proceeding and after, than traditional litigation.

It's Also a Business Divorce

If you own a business together you aren’t just divorcing a spouse but also a business partner.

Courts try but they do not always see the big picture whereas a collaborative divorce will involve business and financial experts to help preserve your business asset as much as possible

To Maintain Control Over Your Divorce

Once an action is filed in a court you no longer have control over your life. You will be subject to procedural rules, court rules, statutory injunctions, and the court’s schedule, not your own.

Collaborative divorce allows you to maintain more control of the process itself than traditional divorce litigation.

Sensitive Subject Matter

Because collaborative divorces are conducted outside of the court until the finalization of your settlement, it allows for privacy that a traditional court does not allow.

Everything filed in court is a public record, so collaborative divorce is especially useful for divorces that involve sensitive medical issues, addiction issues, high net worth marital estates, or with children as they allow spouses to work through the process without putting all of their personal business in public court filings.

We’ll Work with You

Divorce is never an easy process. There are many complicated emotions that come with the end of a marriage, and there are the financial considerations that must be taken care of.

A collaborative divorce is different from a contested divorce because, rather than going to trial and fighting it out with your spouse, the two of you sit down and hash out an agreement together. You can do this with the help of a divorce coach.

If you and your spouse choose this route, you will be able to avoid many of the stressors and headaches associated with a contested divorce, and focus on rebuilding your lives and your relationship.

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Collaborative Divorce

We can work with you through this process in collaboration with the other party.

Divorce Mediation

We can mediate for you and your soon-to-be ex-spouse to find a satisfactory resolution.