How Collaborative Law Can Benefit You During a Gray Divorce

 Posted on January 23, 2023 in Divorce

While the overall divorce rate has been declining, one type of divorce is on the rise: so-called "gray divorce." Divorcing adults over the age of 50 are divorcing at rates significantly greater than other age groups. The reasons for this discrepancy are as varied as the reasons that couples get married in the first place. Some gray divorces are a result of years of pent-up dissatisfaction, whereas others are a result of changing life circumstances, differing goals, infidelity, a lack of intimacy, or countless other reasons.

Regardless of the reasons for divorce, gray divorces are typically more complex than divorce cases involving younger couples. Older adults often have decades of accumulated assets, investments, and debts that must be considered during the divorce process. Additionally, gray divorces may involve emotional issues such as caring for aging parents or providing support for adult children as well as grandchildren. In these complicated scenarios, collaborative law can provide a way forward for divorcing couples by allowing them to negotiate their own divorce settlement outside of the courtroom.

Collaborative Law May Keep Your Divorce Case Out of Court

Alternative resolution methods like collaborative law are emerging as a preferred option for many couples. This process is often simpler and less adversarial than court proceedings, allowing spouses to focus on resolving their divorce more efficiently. Additionally, collaborative law helps keep the conversation focused on resolving issues rather than escalating tensions between parties and can help both sides come to an agreement without involving costly courtroom hearings. Through the collaborative process, divorcing couples are able to take control over their own destiny instead of having a judge make decisions for them.

Collaborative Divorce Allows for the Use of Third-Party Experts

In many cases, gray divorces may require the use of third-party experts like financial advisors or appraisers to make sure that both spouses receive a fair settlement. These experts become part of the collaborative team, joining the pursuit of a mutually agreeable resolution.

One of the key aspects of any collaborative divorce is the "collaborative agreement" or "participation agreement." This agreement states that parties will negotiate in good faith, openly share information, documents, and records, and maintain civility. The agreement also contains a provision that bars the attorneys from representing the spouses if the case advances to litigation. This serves to reinforce the idea that both sides are determined to reach a settlement without involving a judge or the court system.

Contact a Palatine Collaborative Divorce Lawyer

By engaging in collaborative law, couples can work through their individual needs while attaining a mutually beneficial outcome, without involving costly and time-consuming litigation. 

Rolling Meadows collaborative divorce attorney Nicholas W. Richardson has more than 15 years of experience in divorce and family law. He and the rest of the team at The Law Office of Nicholas W. Richardson, P.C. provide dependable legal guidance and support to divorcing spouses of all ages. Call 847.873.6741 for a free initial consultation.

Source:

https://www.forbes.com/sites/heatherlocus/2021/08/12/straight-talk-on-gray-divorce--preparing-to-go-it-alone-after-50/?sh=475b088436f9