What is Collaborative Divorce?
Collaborative Divorce is a better way to resolve family law disputes that enables you and your spouse to resolve your differences in a non-adversarial manner, and to create solutions that are best for you and your family. The goal is to help divorcing couples resolve disputes over their children, alimony, and related issues respectfully and privately, without going to Court.
Collaborative Divorce is a private process. Clinets have their own specially trained lawyer. Clients commit to an open, honest exchange of information. process tailors the final settlement to your specific needs and keeps your private information out of the courtroom.
Both parties negotiate in a fair and respectful manner for the Collaborative Divorce process to work. When spouses work amicably, Collaborative Divorce can produce a mutually beneficial agreement that protects themselves, their children, and their assets.
Benefits of Collaborative Divorce?
- Privacy – Unlike Court proceedings which are public record, the Collaborative process takes place in private meetings.
- Control – The Clients determine the pace of the proceedings, not the Court docket. Clients make the decisions, not the Judge.
- Flexibility – The Collaborative team focuses on problem-solving, and helps the Clients explore creative solutions not just for the present but into the future.
- Preserve Relationships – Instead of tearing the family apart, civil relationships are maintained with the extended family.
- Child-Friendly – Conflict and hostility between the parents are damaging to the children. By keeping the process respectful, children are protected.
- Expert Team – In addition to attorneys, a neutral facilitator and financial specialist are there to address critical issues. Receive the support and information you need from your specially trained team of Collaborative professionals.
How does the Collaborative Process work?
The Collaborative Divorce process operates in an environment grounded in honesty, good faith, cooperation, and professional ethics. You and your spouse and your attorneys enter into a Participation Agreement. In many cases, other specially trained professionals, including accountants, financial planners and mental health professionals will also work as part of the team. The participants agree NOT to litigate. Instead, all relevant information is voluntarily disclosed an all issues are resolved through cooperation, negotiation and compromise.
If an expert is necessary, both participants and their attorneys choose someone together who will render an unbiased opinion. Settlement is negotiated through conferences, informal discussions, mediations and other non-litigation alternatives. Collaboratively trained family lawyers focus their efforts on creatively settling cases rather than on preparation for trial. This often results in significantly less stress on you and your family and a reduction of legal fees and costs.
The goal of the Collaborative Divorce process is to resolve all issues involved in terminating a marriage without the cost, stress, and time associated with litigation. Should the parties fail to come to an agreement on all issues, the attorneys and other professionals must be discharged, and new counsel must be retained.