Getting a traditional divorce can be costly — financially and personally — and involve many unknowns and administrative hurdles you and your spouse need to overcome. But, alternative processes are available to help ease this burden for some spouses who are open to cooperating with one another. With this in mind, many people want to know, “What is a collaborative divorce, and can I benefit from one?” A collaborative divorce enables the spouses to resolve many legal matters — such as child custody and property division — in a mediated setting rather than the adversarial courtroom process.
The collaborative divorce attorneys at Turner Family Law has helped dozens of clients engage in a structured and collaborative process to end their marriages without spending significant time and money going to court. We understand the emotional, logistical, and financial challenges involved in breaking up a marriage. We take pride in the partnerships we form with our clients as we help them through this in an empowering and effective way.
An Overview of Collaborative Divorce in South Carolina
South Carolina’s collaborative divorce laws allow people to end their marriages through a primarily out-of-court process. In this alternative setting, the couple would team up with each other, their lawyers, and other stakeholders—such as a financial advisor or psychologist—to develop a plan to end the marriage.
They would still make decisions about and plans for the same things they would in a courtroom divorce — like child custody, support, and property division. But, they would primarily discuss these matters outside of court, saving them time, energy, and money. In sorting out these legal matters, they would still follow South Carolina’s laws about property division, child support, child custody, and alimony laws. For this reason, each spouse would probably benefit from having their own attorney who can explain the rules and help them develop legally sound agreements.
Why Collaborative Divorce May Be a Better Option for Your Family
The traditional divorce process can take up a great deal of your time and money. You may have to file a lot of legal paperwork, take time off work to go to court, pay your attorney to go to dozens of hearings, and have multiple phone calls or meetings to hammer out the details of the divorce.
If you and your soon-to-be-ex spouse are on good terms and are open to collaborating, it may make more sense to resolve logistical and legal issues in an informal setting rather than in a formal courtroom context. Plus, the collaborative setting puts people in a situation where they aim to work together — rather than against each other — to find empowering solutions. Taking this approach can be a relief and make it more likely that you’ll appreciate and stick to whatever you agree to for custody, support, and property division matters.
The Role of Your Attorney in the Collaborative Divorce Process
A collaborative divorce lawyer is your advocate who can answer your legal questions, give targeted suggestions, and guide negotiations skillfully and thoughtfully. They can attend the meetings with you, your spouse, and the other lawyers involved. They can also prepare and help you understand any agreements or proposals made during the process.
How Collaborative Divorce Protects Your Privacy
Another benefit of having a collaborative divorce is the privacy it offers. In a traditional legal dissolution of marriage, most documents and discussions made in court become part of the public record — except for sensitive information like your Social Security number and your children’s full names. So, you and your spouse are required to go to court and publicly talk about private matters, like the reason for the divorce, your personal finances, and parenting.
Talking about these things in a public setting may feel uncomfortable and even embarrassing. A collaborative divorce process allows you to discuss these sensitive matters at a time and place that feels more comfortable and inviting. Additionally, the setting is usually confidential and private, so you don’t have to go to a public courtroom to discuss these matters.
What To Expect During Collaborative Divorce Meetings
Collaborative divorce meetings are tailored to fit the couple and their goals for the sessions. For example, one session might focus on the children, whereas another might hone in on property division. You, your attorney, your spouse, and their attorney will plan these meetings and develop agenda items to touch on during these conversations. You may also exchange documents — like a parenting plan — before the appointment so everyone has a chance to review these and talk about them more in-depth.
When Collaborative Divorce Might Not Be the Right Fit for Your Case
While a collaborative divorce may be beneficial for some people, it’s not for everyone. For some couples, the highly structured courtroom setting is best because it has built-in barriers to communication. If trust and communication have broken down to the point where the spouses can’t freely discuss matters without spiraling into an argument, the couple may not find the collaborative divorce process accessible.
If you are in this position, there is no judgment or shame. Sometimes, the relationship has just gotten to the point where communication can’t happen without it taking an unhealthy turn.
Additionally, other concerns — such as abuse — may be present that make it unsafe for the couple to talk to each other. A traditional divorce may be the most effective option for couples in either of these scenarios or a similar one.
Curious About the Collaborative Divorce Process? Contact Turner Family Law Today
If you are wondering, “What is a collaborative divorce, and how do I know if I should sign up for one?” consider talking to a seasoned family law attorney. A lawyer can speak with you about your unique circumstances and see if participating in the collaborative divorce process would be advisable.
The trusted attorneys at Turner Family Law are here to guide you as you seek to end your marriage or respond to a divorce filing made by your spouse. In 2023, Ashton Bowns was included on Talk Magazine’s “Top Lawyers” list. Schedule an appointment with Ashton and her team by calling 864-778-2734 today.
