Collaborative Divorce – Zukowsky Law LLC

Looking for a Collaborative Divorce?

Many couples wish to pursue an alternative method of divorce that is less emotionally taxing, costly, and time-consuming than the traditional approach. Collaborative divorce offers couples the opportunity to negotiate the key issues of their divorce without the need for court interference or lengthy legal proceedings. As a result, the collaborative divorce process is becoming more and more popular in Ohio.

At Zukowsky Law, our team of collaborative divorce lawyers work closely with Ohio families to negotiate a fair and equitable agreement that ensures your legal and financial rights remain protected.

What Is Collaborative Divorce?

The Ohio legislature enacted the Collaborative Family Law Act, which established a formal process for ending a marriage through collaborative divorce. While the name may suggest otherwise, collaborative divorce uses the dissolution process to end a marriage. This is contrary to the traditional divorce process, wherein the end of marriage is overseen by the court.

Using a collaborative divorce, both individuals come together to resolve key issues related to the end of their marriage. Depending on the circumstances of their marriage, these key issues may include:

Property and asset division
Child custody and parenting time
Spousal support
Child support

In essence, collaborative divorce is a process in which individuals come together with the goal of resolution, using a series of planning meetings to negotiate key issues of the divorce without the need for litigation.

This process can be tailored to fit the specific needs of a family and involves both parties actively engaging in problem-solving and strategizing to resolve key issues related to the divorce.

Is Collaborative Divorce Different from Dissolution?

While the two processes may appear quite similar, there are legal differences that distinguish collaborative divorce from dissolution. Couples who pursue collaborative divorce must also complete and file a collaborative agreement where they promise to engage in low-conflict, peaceful negotiations. Moreover, they must have legal representation.

Unlike a traditional divorce, the scope of a collaborative divorce lawyer’s representation is limited and if an agreement cannot be reached, the attorneys must withdraw from the process. The couple is then able to either pursue dissolution or traditional divorce, depending on their needs. On the other hand, if the couple is able to reach an agreement, their attorneys will then draft and submit a Petition for Dissolution. After a short hearing, the judge will likely formally dissolve the marriage.

What Are the Benefits of Collaborative Divorce?

The decision to pursue collaborative divorce is a commitment to ending your marriage with transparency, dignity, and respect. While this commitment is not possible for every couple, those who do use the collaborative divorce process often cite several benefits over traditional divorce. These benefits include:

Lower expenses. Traditional divorce is a lengthy, legally intricate process. Between court proceedings and litigation, costs can quickly add up. Collaborative divorce lowers the expenses associated with ending a marriage by reducing the time spent arguing a case in court.
Less time-consuming. Collaborative divorce often takes a few months to complete, depending on the complexity of the issues involved. This time frame is significantly faster and more efficient than traditional divorce proceedings, which can take years to complete.
Minimizes disputes. Legal disputes are all too common during divorce proceedings, but collaborative divorce reduces the tension and stress of the process. Ending a marriage amicably through collaborative divorce is incredibly valuable for couples who wish to minimize legal disputes.

In collaborative divorce, both spouses are dedicated to resolution. This dedication saves time and money in the long run and allows couples to accomplish divorce with less stress and adversarial conflict. Our experienced Ohio collaborative divorce attorneys at Zukowsky Law would welcome the opportunity to provide further insight regarding the benefits of collaborative divorce and whether this process may be right for you and your family.

Does Each Spouse Need Their Own Collaborative Divorce Attorney?

Each attorney will take the time to listen to their client’s needs and goals and reflect these interests during all negotiations. Having your own collaborative divorce attorney will ensure that your legal and financial rights are protected throughout the entire collaborative divorce process.

What Happens If My Spouse and I Cannot Reach an Agreement?

While the collaborative divorce process is typically successful, there are certain situations in which a couple is unable to reach an agreement about one or more aspects of their separation. If the negotiations break down, the laws governing collaborative divorce stipulate that each spouse must obtain new legal counsel to pursue divorce via another method.

How Should I Discuss Collaborative Divorce with My Spouse?

Since collaborative divorce requires a commitment to resolving issues peacefully, it is essential that both individuals are dedicated to making the process work. If one spouse is not willing to collaborate, the negotiations can quickly break down. If communication between you and your spouse is amicable, consider bringing up the possibility of collaborative divorce and highlighting the benefits of the process. If your spouse is hesitant to use this process, it is possible to have your Ohio collaborative divorce attorney speak with them or their attorney to ease any concerns.

How We Safeguard your Family

For many, divorce is a life-altering decision that represents the beginning of a new life chapter.

Restructuring your personal and financial affairs following a divorce requires that you and your spouse reach agreements on a range of issues. At Zukowsky Law, we work closely with Ohio individuals and families to pursue collaborative divorce. Through our guidance and advocacy, we have been able to achieve ideal outcomes for our clients and ensure that their interests are upheld at every step of the negotiation process.

To learn more about how we can help you obtain a peaceful, amicable divorce, consider contacting our experienced legal team to visit with a Zukowsky Law Ohio collaborative divorce attorney today at (216) 800-5529 today.