Mississippi couples who are considering divorce often believe a contentious and costly dispute is unavoidable. They think there will be a series of personal, financial and emotional challenges. However, with the litany of issues that need to be navigated including spousal maintenance, child custody, child support, property division and more, it could be beneficial for the sides to negotiate in a reasonably amicable way.
Recently, the state put the Rules for Collaborative Law into effect. For people who believe that negotiation might be an effective strategy to end their marriage, it is wise to consider this option. Still, as with any family law concern, knowing the positives, negatives and how the entire process works is key.
Understanding how collaborative law works
Using collaborative law, the couple can discuss all matters related to the divorce that would otherwise be decided upon by the court. For example, if there is property that each side could have a reasonable claim to retain, they can discuss how to split it without court intervention. Perhaps there is a marital home, bank accounts, retirement accounts, jewelry, automobiles and other items. They can discuss it and forge a workable solution both are satisfied with.
Before proceeding, the sides need to be aware that the Collaborative Law Participation Agreement is binding. Once it is signed, they must adhere to it. It avoids the uncertainty of a court decision regarding any issue in the case, but the drawback is that the couple needs to have confidence that solutions can be reached through discussion and flexibility.
Both must have legal counsel. However, they can agree on outside professionals who are experienced in family law cases to give input. They will also split the costs. All relevant information must be shared. The sides can end the attempt at a collaborative negotiation if it is not working. They would then need to proceed with a court case.
Preparation and a thorough understanding is essential in family law
The concept of collaborative law is meant to keep rancor to a minimum while helping to expedite and end the process as quickly and efficiently as possible. Those who are considering this option cannot be compelled to take part meaning that the court cannot order it. It is solely their decision.
As with any other aspect of family law and settling disputes, there are various considerations to factor in before using a collaborative process or litigation. To be fully prepared and to understand what steps to take, it is imperative to have advice from the outset.