Collaborative Divorce is a popular topic and promises a kinder, gentler, and, most importantly, less expensive result. The reality may be more complicated.
If a divorce is decided by the court, a judge will probably only give your case two to three hours for a hearing. Depending on how many issues you need the court to decide, that may not be enough time to get all of the information to the judge that she need to make the best decision. Limits on the court’s time may mean that the court can’t be detailed enough in their orders simply because they don’t have the time to anticipate future problems that could be avoided with good orders. The court is also limited by the law and there may be some solutions that would be practical, but are things that a court can’t force them to do.
Reaching an agreement gives you more time craft solutions that work the best for your family.
It is misleading, however, to present collaborative divorce as an alternative to going through a court proceeding when the reality is that they most commonly happen at the same time. Every case is required to go to mediation before a final orders hearing, but in order to reach a good agreement, it’s critical to take the time to gather good information. When it comes to financial information, property values, account balances, and debts tend to change quickly and hearings are frequently scheduled several months out. If you invest the time and expense into gathering the information you need for mediation before you set a hearing, you will have to repeat that process in preparation for a hearing it you don’t reach a full agreement.
At the Gasper Law Group, our advice is to always act in your own best interest. You should reach agreements when and if it makes sense for you to reach agreements, but not because you’re afraid to go to a hearing. You should go to a hearing when and if it makes sense for you to go to a hearing, but not just because you want your day in court. Our expertise will help you determine what is in your best interest so that you can reach agreements when you should reach agreements and you have the ability to fight when it makes sense to fight.