Divorce With Respect

Collaborative Divorce Practice – The Attorney’s Role

On Behalf of | Jul 2, 2024 | Collaborative Divorce |

As the name implies, collaborative divorce is exactly that: a collaboration. While each spouse hires their own attorney, both parties and their attorneys work together – not against each other – to find a settlement that benefits the family as a whole. Courts do not get involved, and all negotiations are done in the spirit of cooperation in a non-adversarial setting.

Each collaborative attorney works with her or his client individually and in association with other team members. The parties and their attorneys will confer with each other together and separately to try to reach agreement on a divorce settlement. Your collaborative attorney will advise you of the law surrounding the legal issues and/or questions in your case, while keeping your specific goals and interests in mind. Collaborative attorneys focus their efforts on helping you develop creative solutions in all aspects of your divorce.

The role of the collaborative attorney includes:

  • Explaining your settlement options, how to attain your goals, and reach a satisfactory outcome in your case.
  • Being a negotiating partner while additionally empowering you to make the process your own.
  • Assisting you in understanding and considering your spouse’s viewpoint.
  • Assisting you in approaching the case in a problem-solving, constructive manner instead of a win-lose, adversarial manner.
  • Working to assist you in identifying your interests. i.e., what is important to you and the underlying reasons for why you request something.
  • Assisting you in identifying all options available and helping you decide what option(s) better meet your interests.

The goal in collaborative divorce is to come to an agreement without a court battle, but spouses benefit from increased attorney participation. The role of a collaborative attorney is to foster an environment of cooperation while representing the client diligently and competently.

Moving on from any broken relationship can be difficult, but sometimes it is even harder to do that when the divorce process itself aggravates the pain. Meaningful engagement with the collaborative divorce process can provide a less painful alternative. Contact the law office of Bartholomew & Wasznicky today for more answers to your questions about beginning the collaborative divorce process.