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Collaborative Divorce How it Works  

Divorce is not a pleasant life situation. Although it is often difficult to control emotions, it is very important that all the actions you take are driven by reason. That is why it is very important to know what options are available to you. In this text, we will try to answer you the most common questions and those that lawyers are facing often in practice.

How to Get a Divorce?

This is the first question that every person asks themselves when deciding on such a step. From an example from the neighborhood or from the family it seems like a complicated procedure, but the only reason is most often the spouses, since it is one relationship that is intertwined with various emotional connections.

There are two ways. The first way is a collaborative divorce that requires the spouses to agree on all issues relevant (child custody, division of property, amount of child support and a way to maintain the child’s personal relationship with the other parent), and the second way is through court when spouses cannot agree on a divorce or on the most important issues.

What is a Collaborative Divorce?

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It is a divorce whose main feature is the spouse’s consent to divorce. Spouses are entitled to do so if they enter into a written agreement. Spouses should, with the proposal for a consensual one, be required to submit both a written agreement on the exercise of parental rights and a written agreement on the division of joint property.

In a written agreement on the exercise of parental rights, spouses may agree to exercise parental rights together or that only one parent exercise parental rights.

If they decide that parental rights are exercised by only one parent, the agreement must include an agreement to entrust the joint child to one parent, an agreement on the amount of child support contributions paid by the other parent, and an agreement on how to maintain the child’s personal relationship with the other parent.

The court does not have to adopt a parental agreement on the exercise of parental rights if it considers that it does not meet the interests of the children but may otherwise regulate their relationships.

It is important to note here that the law does not prescribe the need to state the reasons for the proposed solution that the child should be entrusted to one of the parents, but the fact is that this helps the court in assessing the best interests of the child.

The motion for consent is submitted to the competent court at the place of residence or residence of one of the spouses, or at the place of their last common residence.

What is a Divorce Suit?

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Lawsuits can be filed by both spouses if the marital relationship is seriously and permanently disturbed or if the spouse’s life community cannot be objectively pursued.

The lawsuit is filed with the court in the place where the defendant is domiciled and may also be filed in the place where the spouses had their last common residence. The procedure also provides for a mediation process to help the parties reconcile or agree on the most important issues.

What is Mediation?

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The mediation procedure is an integral part of the matrimonial proceedings initiated by the claim of one of the spouses. Mediation consists of two stages and includes a mediation procedure and a procedure for the amicable settlement of a dispute. Spouses can only consent to a settlement. Mediation is not conducted if one of the spouses does not consent to mediation, if one of the spouses is incapable of reasoning, if the whereabouts of one of the spouses are unknown or if one or both spouses live abroad.

This can be a very successful method, useful for both parties, we recommend this website for more information.

What is Reconciliation?

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Reconciliation is part of a mediation process conducted in a marital dispute initiated by a lawsuit and intended to resolve the relationship between the spouse without conflict and without divorce.

Conciliation may be conducted by a court, a Social Work Center, a specialized family mediation institution, or marital or family counseling.

If the spouse reconciles in the conciliation process, the divorce action will be deemed to have been withdrawn. If no reconciliation occurs or if one or both spouses who have been duly summoned fail to respond to the conciliation call, the conciliation shall be deemed to have failed and the settlement procedure will continue.

What is a Settlement?

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The settlement is part of the mediation process that is conducted in the marital dispute if the mediation fails. The purpose of the settlement is to resolve the spouse’s relationship without conflict after the divorce. The court will seek to ensure that the spouses reach an agreement on the exercise of parental rights and an agreement on the division of joint property.

The settlement will be considered successful if the spouses conclude both agreements, and partially succeed if they conclude only one of the two agreements. A settlement will be considered a failure if one or both duly summoned spouses do not respond to the summons or if they fail to reach either of the two stipulated agreements.

What are the Consequences?

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Consequences of divorce on spouses

They are seen as ending their mutual rights and obligations arising from marriage. Those whose marriage ended have the right to have a new marriage immediately. Also, they can keep their last name or take their last name before marriage. The obligation to support a spouse ends with divorce, but under certain conditions the obligation to support a divorced spouse may be established. As a rule, afterwards, the division of the common property occurs.

Consequences of divorce on children

They depend on the court order that determines which parent the child will live with, the way they see the other parent, and the amount of child support contributions paid by the other parent. It may open the possibility for a parent and a minor to acquire a right of residence on an apartment owned by another parent, provided that the child and parent exercising parental right do not have ownership of the occupied apartment and that such a decision does not constitute a manifest injustice to the parent who owns the apartment . This is only possible while the child is a minor.

Conclusion

If this unfortunate event already occurs, make sure you know all the legal remedies available and go through the best possible. And we advise you to seek assistance of a lawyer.


Peter is a freelance writer with more than eight years of experience covering topics in politics. He was one of the guys that were here when the foreignpolicyi.org started.

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