What is Collaborative Divorce?
Collaborative divorce is another form of dispute resolution for couples who would like to avoid litigation but who also need strong legal representation. Unlike a traditional divorce, a collaborative attorney works with the individual, the spouse and the spouse’s collaborative attorney to obtain a divorce agreement. Collaborative divorce offers the option of retaining a team of divorce professionals. In addition to the attorneys, individuals can choose to include financial professionals and mental-health professionals in the process. Mental-health professionals can act as divorce coaches, a method that combines emotional support with practical techniques for coping with divorce. In a collaborative divorce, couples and their attorneys agree in advance not to litigate. If either party breaks this agreement and goes to court, both attorneys are required to resign from the case.
Collaborative Divorce is when you and your spouse really don’t want to go to war, but can’t reach an agreement without help, or if the situation is complicated enough that both sides need lawyers or other experts, Collaborative Divorce makes divorce less combative and more cooperative. Most of the work in reaching an agreement is through a series of “4-way” meetings of both spouses and both lawyers. In order to assure that everyone remains committed to reaching a peaceful settlement, the lawyers will sign agreements that if the client decides to go to trial (that is, to break off the settlement effort), the lawyer must withdraw and the client must find a new lawyer. The parties agree to provide each other with all the information necessary for everybody involved to work toward a win-win settlement. Because the parties voluntarily provide the information, there is less hostility in trying to compel the other side to do something. The lawyers change roles from preparing for trial into fa
Collaborative divorce, a new approach to divorce, offers couples an opportunity to separate and finalize a divorce with a minimum of bitterness and animosity. Instead of going in front of a judge, the two parties and their attorneys sit down together to work out the details of the dissolution of their marriage, with the help of mental health professionals and financial advisors. Each party has a lawyer and a divorce coach to assist them.
In a Collaborative Divorce each party is represented by counsel who is present for all negotiating sessions. Each attorney is trained to focus on the overall well-being of the entire family unit. The attorneys work as a team, seeking to reduce conflict and generate constructive solutions. In a collaborative divorce, the attorney can advocate the client’s position within the overall framework of a restructured family because each attorney remains focused on a “win-win” solution. Collaborative Divorce is a unique and private approach to resolving issues that arise when a couple decides to separate. The goal of this collaborative process is to offer a couple a structured, non-adversarial process within which to resolve their property, support and parenting disputes. In the collaborative process, the couple and their attorneys sign a written agreement to address all issues without Court involvement. The collaborative approach creates an atmosphere of open communication and cooperation that
