Divorcing couples can make agreements beforehand to avoid going to court. A collaborative divorce is an option when both partners are open to negotiation. This alternative process has benefits, such as making important decisions together. However, you must take precautions to ensure your interests are protected, as follows.
1. Communicate your needs
Divorce is often a high-stakes process. You may have children, a successful business, or property together. Usually, couples disagree on custody arrangements or divisions of assets. If you want to skip the court process, it is vital that both of you state your needs and preferences openly.
A collaborative divorce works when both parties try to be on the same page. Therefore, it is crucial to communicate your needs and evaluate whether they match your spouse’s interests. This is easier when neither minor children nor joint property are involved. You do not have to agree on everything from the start. A mediator attorney can help you through the process. Still, being honest about your interests and listening to your spouse is essential.
2. Get familiar with legal terms and processes
Understanding the law can help you plan your divorce more effectively. However, you do not have to do this alone. Your attorney can explain the legal details you need to consider in the separation. Discussions can be more straightforward if you have a basic grasp of legal terms. Initially, this may sound daunting, but it can be helpful in the long run.
The divorce process in Arizona involves various stages. On the rare occasion that you and your spouse agree on everything from the start, you can voice your consent and finalize the process swiftly. If you disagree during mediation, you do not have to worry about a trial. Couples can work out conflicts before going to court. A collaborative divorce is possible even if you have some disagreements.
3. Know and voice your limits
In a divorce, you may need to compromise some assets in exchange for others. Therefore, it is key to know and voice your limits during discussions. Even if you have a good relationship with your soon-to-be ex-spouse, it is important to understand your non-negotiables and stand by them.
This may take significant self-reflection. Once you are ready, communicate your non-negotiables to your lawyer to be on the same page during the negotiation process. It is also all-important to have some flexibility. If all parties involved collaborate, both ex-spouses can be satisfied by the end of the process.