When Mississippi residents are experiencing strife in their marriage and they cannot find ways to bridge the gap, they will inevitably consider getting a divorce. This is a dramatic life change that carries with it myriad challenges.
They might wonder how they will address their family-related issues like child custody, child support, property division and alimony. There are logistical considerations such as what the living arrangements will be. They will also think about finances – specifically the overall cost of a divorce and the potential for a court decision that favors the other person.
While a divorce suggests the parties are at odds, it does not necessarily mean they cannot be agreeable when trying to end the marriage. Negotiating can be more efficient and cost-effective than going through with a court case. A recent development in the state could help with ending a marriage without rancor and the overwhelming cost.
Mississippi Rules for Collaborative Law
Recently, the state put into effect the Rules for Collaborative Law. Through this process, the parties can talk about their lingering issues and try to find workable solutions both can accept. It can be related to any part of the divorce process that would be up to a judge’s discretion if the case was decided in court.
As they decide to use this option, there are factors the couple must be aware of. The agreement to take part in this process will be binding. They are obligated to follow it after signing. It is wise for the parties to weigh the chance of an amicably negotiated settlement. For couples with major issues, vast property holdings and an ongoing disagreement as to any issue in the case, it might not be a positive step to use collaborative law.
The costs must be shared and each side is required to have legal guidance. Just like a court case, they must give all information related to the case. For example, one partner might not be fully aware of the income and assets of the other if they run a business. There must be complete disclosure.
Even after the collaborative case has started, the sides have the option of ending it if it is not going to be fruitful and result in an agreement. Since family law cases can be contentious with a seemingly endless number of issues to sift through, any strategy that can help with making it go smoothly should be assessed.
Regardless of the state of the relationship and how they move forward with a family law case, it is vital to be fully prepared. Knowing the details of the relatively new option and if it is suitable is key. It is also crucial to have guidance when the parties choose not to use collaborative law and go to court.