What if there was a way to complete your divorce cooperatively with professional support, rather than litigating disputes before a judge. Further, what if there was a process that would allow spouses to have more control over the outcomes, have less adversarial communication, and have a team-based approach to legal, financial, parenting, and emotional issues?
Collaborative Divorce Process
The collaborative process is a structured alternative to traditional divorce litigation. Rather than asking a court to decide disputed issues, the spouses work through negotiations with trained professionals to reach agreements on matters such as children, finances, property division, bills, support, and custody. The process requires communication, cooperation, and a shared goal of reaching a resolution that meets both spouses’ needs. Collaborative divorce allows you and your spouse to move forward in a positive. cooperative way with a mutual goal of finding a resolution that meets both of your needs.
A key structural feature is that each spouse has counsel committed to the collaborative process. Each party works with their own attorney, and those attorneys sign contracts committing to the collaborative process. If the process, for some reason is unsuccessful, parties agree to find new representation for litigation.
Key Benefits of The Collaborative Divorce Process
There are several valuable benefits to engaging in the Collaborative Divorce Process such as:
Avoiding Court: The process allows spouses to avoid court, which many characterize as being intimidating or traumatic for many couples.
Control Over Outcomes: Spouses, with their professional team, retain more control over the outcome instead of relying on a judge to make major family decisions. Using the collaborative practice approach, you are in control of the outcome of your case, in conjunction with your spouse and the trained team of professionals assisting you.
Improved Cooperation and Communication: In contrast collaborative divorce fosters and encourages cooperation and communication, as opposed to traditional litigation, which very frequently leads to years of acrimony, anger, and bitterness.
Potential Cost Savings: Although engaging in this divorce process does not promise a fixed cost, but does greatly assist in managing emotions, reducing conflict, improving communication, and avoiding secrecy or game-playing which ultimately can reduce the expense of divorce. Collaborative divorce helps couples manage the emotions that arise in a divorce and help to communicate effectively which also reduces conflict and results in couples saving money overall.
Potential Timing Advantages: In collaborative divorce, you control the pace of the process, unlike a conventional divorce that is litigated in the court system, where you must fit into the court’s schedule, which often involves continuances when the court schedule is overcrowded.
The Team
Aside from the benefits listed above, as the Collaborative Divorce Process is a team-based process the potential team members are, Collaboratively Trained Attorneys which each spouse will have, Financial Professionals such as accountants or other financial professionals who will assist in asset appraisal, support calculations, any hidden-assets concerns, and complex or substantial assets of the parties, Child Specialist who focuses on the child or children advocating for custody agreements that reflect the child’s best interests, and Divorce Coaches for each party who will provide emotional, communication, and settlement-related support.
Taken together, the Collaborative Divorce Process is a cooperative, professionally supported alternative to litigated divorce. This process helps to reduce conflict between spouses, preserve more control of the wants of the parties, addresses legal and emotional issues together, and work toward a durable family-focused agreement when both parties are willing to participate constructively.