Divorce With Respect

Understanding the collaborative divorce process

On Behalf of | Sep 19, 2018 | English, Firm News, Mediation And Collaborative Divorce | 0 comments

When parents divorce, they rarely cut ties completely. They often work together to raise their children, which means that they may be communicating with each other, making decisions together and showing up at the same events for their child for decades to come.

With this in mind, it can be of benefit to parents to consider peacefully ending their romantic relationship to preserve the parenting relationship. One option for doing this is to seek a collaborative divorce.

What is collaborative divorce?

A collaborative divorce prioritizes cooperation and negotiation between divorcing parties to reach fair, mutually agreeable resolutions. The process happens outside the courtroom and in a more informal setting.

How is the process different from other types of divorce?

Collaborative divorce consists of certain elements that can be part of mediation or litigation as well, but it is distinct from these methods in several ways.

First, in a collaborative divorce, each party retains individual legal counsel. These representatives must commit to the collaborative process and often sign contracts agreeing to withdraw from the case if the parties cannot reach an agreement. This is called the disqualification clause.

Collaborative divorce can also involve outside professionals like specialists in financial or child matters. These parties provide divorcing spouses with critical assessments, perspective and information that can help them negotiate fair outcomes.

Determining if a collaborative divorce is right for you

Every divorce is different, so there is no guarantee that collaboration will or will not work for divorcing parties. That said, it can be a solid option for people who are willing to work together through the divorce process but also value outside perspectives and guidance. While divorce is difficult – the collaborative team helps the parties keep perspective in what is really important.

Finding a way to divorce amicably – through collaboration or other methods – can be important for parents across California who will continue to be in each other’s lives because of their children. While it can be a challenge, it is crucial to consider the long-term benefits of avoiding contentious legal battles in favor of peaceful, out-of-court resolutions. Even the most contentious couples have found the collaborative process to work for them.