Collaboration is king in most divorce courts. If you understand that
very important theme, you will more easily understand the process as a
whole, and you will likely save yourself time and money.Principle
behind CollaborationMost courts want you to solve your own problems.
Generally, the courts will only intervene in domestic matters if
someone asks them to. That same guiding principle controls all of the
negotiation and formal process encountered during the dissolution of
marriage. Courts will always expect the parties to collaborate to some
extent, and come to their own solutions, which the court will then
formalize with an order to provide some sense of finality and
enforceability to the agreement.Collaboration in Observing Marital
AgreementsThe emphasis on collaboration and out-of-court cooperation
between the parties is appropriate, even if it is not workable in your
particular case. Consider division of marital property for an example.
You know much more about what is really important to you than any
court could possibly know. If parties can come to an agreement
regarding how certain assets should be divided between them, both
parties are likely to walk away happier than they would if a court had
made those decisions. Accordingly, most courts will always give the
parties to a case an opportunity to negotiate and come to their own
agreement regarding most aspects of a divorce.Court InterventionOf
course, agreements simply cannot be reached in every case. Oftentimes,
the strong emotions common to those seeking a divorce are too great an
obstacle to allow for productive negotiation. Sometimes one party is
simply unreasonable and inflexible. Where no agreement can be reached,
the court will make a decision for you. One example of the law's
emphasis on agreement between the parties is found in marital
agreements.
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