What is Collaborative Divorce?
Described by some as a "kinder, gentler method" of divorce, collaborative divorce is a team process that strives to reduce the types of conflicts which may develop during standard divorces involving litigation. Rather than going to a divorce court where a judge makes the final determination on important issues like child custody, child support, alimony and property division, couples come to a marriage settlement on their own terms during this non-litigation process.
How Does The Collaborative Divorce Process Work?
During a collaborative divorce, the divorcees are aided by a group of professionals who help them come to their agreement. This team structure typically includes a separate attorney and mental health professional or "coach" for both the husband and the wife, a neutral financial advisor and child advocate if the couple has children. Each specialist works in his or her field of expertise to help the couple come to a marital settlement agreement. After the couple negotiates and agrees to the settlement, they bring it to court for final approval.
Under the terms of a collaborative divorce, both couples must agree to abide to certain rules. This participation agreement states that the couple will not take their divorce to court and will act in good faith with the best interests of their children in mind. Couples must also agree to not hide any pertinent information or take advantage of any mistakes made by the other party, and to keep all discussions during settlement meetings confidential.
The participation agreement essentially is a contract that the parties and attorneys in the collaborative divorce must sign in order to participate. For example, lawyers must sign a pledge saying that they will not litigate the process and will remove themselves if the settlement process breaks down and requires litigation. In those instances, each side has to find a new lawyer.
Why Collaborative Divorce?
Collaborative divorces have several benefits when compared to standard divorce litigation. Instead of putting their divorce in the hands of judges and their attorneys, the couple has control during a collaborative divorce. By working within the team structure, couples are often allowed to come to terms which they both find agreeable. Since divorcees are active participants during the collaborative process, it is widely felt that they will be more likely to abide to the marital settlement agreement which they created.
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Collaborative divorces are also often faster and less expensive than traditional divorces. While couples may get locked in a battle of "he-said, she-said" about a wide variety of issues during standard divorce litigation, the process may go a lot smoother during a collaborative divorce, especially if the couple trusts each other and acts with the best interests of their children in mind.
When Are Collaborative Divorces Not Suggested?
During marriages where there have been physical or emotional abuse, a collaborative divorce may not be the best option. The whole purpose of the participation agreement is to make sure that the couples will not go to court and will act in good faith with their children's best interests the top priority. When there has been a history of abuse and disregard for one spouse in the relationship, the idea of a collaborative divorce may not be appealing, realistic or wise.
Need to Learn More about Collaborative Divorce?
Speak to an experienced divorce lawyer in your area as soon as possible. Whether you're just considering divorce or have already been served with divorce papers and do not want to go the traditional litigation route, a local divorce lawyer can answer your questions about collaborative divorce and help you proceed.