A collaborative divorce involves a formal agreement between spouses to work together to find a solution that is best for their family. . They promise to resolve any current disagreements outside of court. Each spouse retains an attorney trained in collaborative divorce. In addition to your attorneys, your collaborative team includes mental health professionals, a financial neutral, and a child specialist to help you through the process.
In many ways, collaborative divorce may seem similar to amicable divorces where spouses cooperate out of goodwill. However, a collaborative divorce actually extends key protections to those trying to work with their spouses instead of fighting against them during divorce proceedings. It does this by providing a structure team to guide you through the process and help each party achieve a resolution.
Collaborative divorce requires a commitment
Anyone can promise to cooperate and compromise during a divorce. However, they may not necessarily follow through on that promise. Some people try to manipulate family law proceedings in their favor by keeping their spouses off balance.
They insist that they want to cooperate and possibly file the divorce without legal assistance. They then hire an attorney and begin fighting intensely against their spouse. The court system is not designed to help families through the system. Collaborative divorces gives you the control to come up with a solution that is best for your family.
Thankfully, collaborative divorce is different. Spouses agreeing to collaborate to resolve their divorce issues must sign a contract affirming that commitment. They retain attorneys trained in collaborative divorce.
If either spouse backs out of the promise to settle all current disagreements outside of court, they would have to fire the entire team and start all over. This is a critical component to keeping people committed to the Collaborative process.
The rules that apply to collaborative divorce help protect spouses from scenarios in which manipulation and misrepresentation leave them at a marked disadvantage during divorce proceedings.
Proposing a collaborative divorce generally means making a good faith commitment to cooperating with a spouse. Those who want amicable divorces or to protect their privacy may find that collaborative divorce proceedings could be one of the best options available to them. Additionally, choosing a Collaborative Divorce prevents trauma to your children as it allows them to be heard and validated without being in the middle.