Frequently Asked Questions
Divorce law can be a complex topic for those unfamiliar with the field. At the law firm of Fischer & Van Thiel, LLP, we have taken it upon ourselves to ensure that you are familiar with each issue that arises in a divorce.
What are Collaborative and Mediated divorces?
Collaborative or mediated divorce are an alternative to the standard divorce process and provides a way for parties to avoid litigation. The divorce process can be incredibly stressful, and emotionally and financially draining. Collaborative or mediated divorce can provide a more civil approach to preserve goodwill between parties, cut down on court time and costs. This type of alternative is usually not an option for argumentative parties who wish to take their divorce to court and battle it out that way.
In order to go this route as opposed to the traditional divorce process, parties must come together on three main principle things:
- Parties must want to reach an agreement and desire to keep the matter out of court
- Parties must exchange information honestly
- An agreed upon solution should be made that strives for the well-being of both spouses and children (if involved)
In a collaborative divorce both parties are individually represented. Through a series of meetings both parties and their representation meet to discuss all relevant information regarding children, property and financials. Through this series of meetings a collaborative agreement is reached. This type of process may also involve the insight or advice from outside parties. Applicable and allowable outside parties may include financial consultants, a therapist or divorce coach, or a child therapist. Each party’s consent is required and with the help of these professionals a proper agreement can be made that effectively benefits everyone involved.