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Collaborative Divorce

 

What Is Collaborative Divorce?

The traditional litigation process of a divorce may set up soon-to-be former spouses as adversaries who “fight to win,” rather than cordial co-parents who are able to “troubleshoot and problem solve” regarding their disputes. Collaborative Divorce is an alternative to traditional negotiation or litigation that can leave the parties with a more productive and positive relationship at the end of the process.

Collaborative divorce requires two willing participants and specially trained legal counsel to be successful.  What are the benefits of the collaborative divorce process?

  • Collaborative divorce can save time and money.
  • Negotiations and disclosure of information in collaborative divorce take place in private, often in informal settings or meetings.
  • Collaborative process allows the parties to move at the pace they are comfortable with, rather than on the court’s deadlines.
  • Collaborative divorce allows for great flexibility and creativity in formulating plans that work for each individual family.
  • Allows for third party professionals – financial advisors, psychologists, child-centered professionals, mediators, and other professionals - to be introduced into the collaborative process and assist the parties in reaching agreements, as needed.

When you agree to engage in the collaborative process, all parties and their attorneys sign a “no court” agreement; that is, your collaborative attorney will have to withdraw from representation if your case does not settle and a party files in court for a divorce.  Most collaborative divorces, however, end in mutually agreeable resolutions, and the parties only attend one uncontested court hearing to finalize their divorce.

Hiring a collaborative divorce lawyer can save you from the stress of litigation, as well as preserving your resources in time and money.  Most importantly, it can allow all parties to work together to reach a creative solution that is best for everyone involved.