- 2024年8月8日
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- 离婚
对很多人来说,经历一个 离婚 是生命中最困难的时刻吗, especially when divorcing spouses encounter disputes about 孩子的监护权, 资产分割, 以及其他的分离条件. 离婚, 分财产, 决定什么对孩子最好, and other family law issues are emotionally charged topics that are life-changing for everyone involved. 幸运的是, much of the stress and drama of a separation can be avoided by going through the process of a collaborative 离婚.
协作离婚 能让每个人都能更轻松地完成这个过程吗, and a consultation with an experienced family law attorney can help determine if it is right for you.
共同离婚是如何运作的
In 印第安纳州, a collaborative 离婚 is one where 两党 work with their own 离婚律师 and meet regularly to reach agreement on various aspects of the separation itself. 最终, the goal of a collaborative 离婚 is to iron out differences and avoid going to court over these issues. 结果是, 整个过程可以加快, and 两党 are able to move forward as quickly as possible.
在共同离婚中, 两党 agree to resolve all issues in a respectful, 为人坦率诚实, and to focus on constructive problem solving outside of the court system. Attorneys for both spouses are trained in the collaborative process, make sure their clients are aware of their legal rights and obligations, 并努力为所有人寻求一个令人满意的解决方案.
Both parties sign a legally binding agreement stating their commitment to resolve issues according to collaborative principals and guidelines with the objective of reaching a 离婚协议. 因此, 合作的律师 may not represent their clients if the process breaks down and goes to litigation. You and your soon-to-be-ex-spouse then will both have to find new attorneys to represent you.
What Happens 在 Collaborative 离婚 Process?
在 共同离婚程序, 两党, 他们的律师, and any professionals complete a series of negotiation sessions where the couple is guided through the process by their attorneys in a structured, non-adversarial方式. 其他专业人士,如 儿童监护专家, 会计师, 评估人员, and business valuation experts may be brought in 帮助 create the best asset allocation, 支持协议, 或者没有诉讼的育儿计划.
在整个过程中, 重点是合法问题, needs and interests and working together until a comprehensive, 达成个性化协议. The 合作的律师 then prepare the necessary documents, and everything is presented to the judge for approval and entry of judgment.
共同离婚的好处
There are many benefits to going through a collaborative 离婚, as it tends to be a much faster and smoother process without litigation and disputes. A collaborative 离婚 may also be less expensive than a “typical” 离婚, since 两党 are in greater agreement and fewer appearances in court may be needed.
A collaborative 离婚 can also be beneficial in non-financial ways. 这对双方的情感来说都要容易得多, as they are not fighting each other but are working together, and it is less stressful for any shared children or family members. Instead of having a judge determine the final resolution on 离婚 issues such as spousal support/alimony, 孩子的监护权, 孩子的抚养费, 探视, 父母的时间, 财产分割, the parties and their attorneys come up with an agreement that benefits all.
The process allows you to negotiate a fair separation agreement that works for both you and your soon-to-be-ex-spouse. 协作离婚 also saves a lot of time and energy when it comes to attending court hearings and arguing. 最终, everybody wins when a collaborative 离婚 is reached.
共同离婚适合你吗?
The best candidates for collaborative 离婚 are those who wish to remain civil with their divorcing spouse and come to a resolution that benefits everyone. However, there are some situations where collaborate 离婚 will not work. 这些包括:
- 当配偶太生气而不能一起工作时, 想看到自己的配偶受苦, 或者不能坦诚相待
- When cases involve extreme domestic violence or mental illness
- When one side is stubborn and not willing to “budge” on a certain issue
- 当律师一方或双方都不理解时, 接受培训, and be committed to the principles of collaborative 离婚.
整体, collaborative 离婚 is always desirable over a “traditional” and confrontational separation. And while it may not be possible in all situations, it is worth at least considering. If 两党 are open to negotiations and compromises on major issues, 很有可能会成功.
The best way to determine whether or not a collaborative 离婚 is right for you is to speak with your soon-to-be-ex-spouse about the possibility. If he or she seems open to the idea, then it is probably at least worth a try.
今天就咨询我们的离婚律师
Whether or not collaborative 离婚 is right for you, 如果你正在考虑离婚, a consultation with a 离婚 lawyer can provide guidance to make the best decisions. 熟练而富有同情心的印第安纳 离婚律师 at 丘奇,兰登,洛普,巴内特·劳 can help you take the appropriate steps from the start that will lead to the best outcome for you and your children. 我们可以确保每件事都做得很好, 保护你的资产, 帮你度过难关.
不要拖延. For skilled and knowledgeable representation regarding any 离婚 issues, 今天就给我们打电话咨询.
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总部设在新奥尔巴尼, 印第安纳州, we proudly serve communities throughout Kentuckiana; Floyd County, IN; and Clark County, IN.