Miami Valley Law Blog

Monday, July 16, 2018

Divorce in Your Golden Years

Why might some senior couples benefit from a collaborative divorce?

Today, more couples over the age of 55 are finding themselves in the midst of divorce. The phenomenon, known as “gray divorce,” could stem from several factors, including the aging of the American population, increasing lifespans, and a general decreased focus on the importance of marriage. In fact, according to the National Center for Family & Marriage Research, divorce rates among those over the age of 55 have doubled since the 1990s. Our Ohio divorce lawyers explain why some divorcing seniors may wish to explore the option of collaborative divorce below.

What Is a Collaborative Divorce?

Collaborative divorce is a divorce process that involves the use of negotiation and mediation to allow the spouses to settle the divorce. Collaborative divorces put the power in the hands of the spouses as they work together to resolve vital divorce issues. Rather than litigating in court, a collaborative divorce will involve two or more divorce attorneys and potentially a divorce mediator.

What Are the Benefits of a Collaborative Divorce?

Collaborative divorces come with many potential benefits that seniors may find especially compelling. Traditional divorces take time to complete, especially when significant assets are involved. Messy divorces could drag on for years. A collaborative divorce, in contrast, will typically be completed in a year or less. Time is of the essence for many seniors as understandably seniors want to move on with the lives as swiftly as possible.

Collaborative divorces further cut down on costs. A litigious divorce could cost between $15,000 and $30,000, and potentially much more. Mediation, on the other hand, could cost between $5,000 and $9,000, depending on the complexity of the case. Divorcing seniors often want to minimize the expense of the divorce to leave them in a stronger financial position post-divorce.

In addition to time and expense, a collaborative divorce comes with the benefit of putting you in the driver’s seat. You can select the divorce issues that matter for you and advocate for your best outcome. Your attorney will be there to protect your legal rights during every step of the process. While collaborative divorce is not right for every couple, there are some scenarios in which a collaborative divorce will be the perfect option. Contact a divorce lawyer for an evaluation of your legal rights.

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