Collaborative Law
What is a Collaborative Divorce?
A collaborative divorce is an alternative to the traditional adversarial divorce process. One of the main tenants of a collaborative divorce is that both spouses formally agree to “opt out” of the litigation process. By opting out of divorce litigation, the spouses agree to keep their divorce out of the courthouse and freely exchange information to resolve the issues presented in a divorce. Collaborative divorce is a voluntary process and is designed to bring productive and respectful dissolution of their marriage. Through a collaborative divorce, the spouses are the ones who make decisions about their divorce and their children as opposed to a Judge making the decisions in divorce litigation.
If for some reason the collaborative process fails, the collaborative attorneys are not permitted to represent their clients in litigation. Therefore, the spouses must hire litigation attorneys and essentially begin again. To solidify the spouses’ intentions to participate in the collaborative process, the spouses must both sign a Collaborative Family Law Participation Agreement.
Who is involved in a Collaborative Divorce?
In a collaborative divorce, each party must still be represented by their own attorney. Along with the spouses’ respective attorneys, the spouses may also employ a variety of neutral professionals through the process to help resolve their divorce. While not every case will require neutral professionals, it is often true that the inclusion of a neutral financial professional, a neutral mental health professional, and/or a neutral child specialists can be extremely beneficial to the process. The collaborative “team” will work together in a confidential setting through a series of joint sessions that include both spouses, their attorneys, and the neutral professionals, as needed. The joint sessions are designed to create customized settlements that take into consideration the spouses goals and interests versus a specific position.
Why choose a Collaborative Divorce?
A collaborative divorce is not a fit for every couple. There is a level of trust both spouses must have in order for the process to work. If there are past acts of family violence, the collaborative process is likely not the right fit. If a party in a divorce is out for revenge or to hurt their spouse, the collaborative process will likely not resolve the divorce.
A collaborative divorce still has its challenges, as does any divorce. However, families in the collaborative process have the tools to get through their divorce while focusing on their unique goals.
