Rhode Island Real Estate Lawyer Blog
Couples considering divorce in Rhode Island have most likely heard horror stories from other divorced couples who complain about complicated and expensive divorce lawsuits that went on for years, costing hundreds of thousands of dollars, or more. As a divorce case becomes more contested and the parties dig in their heels on specific issues, that the strain on a couple’s finances, relationships with their children, and personal psychological well being can exacerbate an already difficult situation. If both parties understand these risks going into a separation or divorce, the worst of the problems can be avoided by agreeing to seek a Rhode Island collaborative divorce.
Collaborative divorce and mediation offer an alternative to the “ugly divorce” that often leaves parties bitter and full of regret. A collaborative divorce seeks to avoid the pitfalls of litigation while still protecting each party’s rights and resulting in an agreement that is fair and more likely to be followed by the parties, while also being legally binding and enforceable. Parties who agree to a collaborative divorce or a mediated settlement agreement can both have attorneys at their side, who will advise and assist them in discussing disputed issues to reach a full agreement without the need for a trial.
Contested divorces are often approached in a way that exacerbates the disagreements between the parties from the start of the process, and as issues become more complicated, attorney’s fees and time delays only increase. It’s possible to resolve all of the issues that may come up in a divorce in a mediated session that occurs outside of the courtroom. Couples who wish to obtain a divorce more simply and quickly can resolve financial asset division, child custody, parent time and visitation, the assumption of debts, child support and spousal support, as well as other issues with the help of their attorneys and one or more neutral mediators who are specially trained to resolve disputes and achieve fair and realistic settlements.
Collaborative divorce mediators are often former family law litigators and sometimes retired judges who can give realistic advice to parties as to how a disputed issue would likely be decided at trial. With the help of an impartial mediator who both parties can trust, it is easier for the parties to reach an agreement on a contested issue without having to go through the financial and emotional turmoil of a full trial. If a collaborative divorce results in some agreement, but reaches a dead-end on certain issues, the mediator can draft a partial settlement for the undisputed issues, and any subsequent litigation will be less complicated than it would have been without the mediation.
Are You Considering a Collaborative Divorce?
If you are separated from your spouse or considering a divorce and think that collaborative divorce may be right for your case, talking to an experienced Rhode Island divorce attorney who understands collaborative divorce is the best place to start. The Rhode Island family law attorneys at Bilodeau Capalbo, LLC, can help you evaluate your case, and assist you and your spouse take steps toward a collaborative divorce. We also represent clients in full divorce litigation, so if your case is not a good fit for a collaborative divorce or your spouse refuses to cooperate, our experienced divorce attorneys can assist you with traditional divorce litigation. Call our offices at 401-300-4055 to talk to a Rhode Island family law attorney at Bilodeau Capalbo today.