Collaborative divorce is a relatively new process in family law that allows divorcing spouses to work together in a positive way while going through their divorce. Emphasis is placed on protecting a family’s nucleus rather than dividing it. This method involves a team of professionals whose aim is to dissolve a marriage with minimal court involvement.
I am trained and experienced in Collaborative Law and have obtained successful results for my clients. I believe it is extremely helpful as an alternative to the traditional adversarial approach and divorce mediation. The key to success is for both parties to be truly ready to work together as a team rather than work in opposition as enemies.
What is a Collaborative Divorce?
Collaborative divorce is an alternative to traditional divorce and mediation. Spouses and attorneys work together in this process to negotiate equitable divorce settlements without going to court. The process emphasizes cooperation and constructive problem solving rather than adversarial strategies and litigation.
Who Participates in a Collaborative Divorce?
The divorcing spouses and their respective attorneys are the main participants in the collaborative divorce process. Outside neutral professionals are also included within collaborations. One or two mental health professionals serve as neutral “coaches” to assist the parties in identifying and communicating their needs. In some cases, other specially trained interdisciplinary professionals can be added to the team, including financial consultants and child specialists.
Are you a Good Candidate for the Collaborative Divorce Process?
Divorcing spouses who are willing to end their marriage in a respectful, cooperative, and civil manner are good candidates for the collaborative divorce process. Parties will succeed if they are dedicated to a healthy resolution that is mutually beneficial, invests in the future, and do not place blame, argue, and expect to win at any cost.
What is the Ultimate Outcome within a Collaborative Divorce?
If the divorcing couple successfully reaches an agreement, they, along with their attorneys, make one court appearance to legally finalize the divorce. In this manner, collaborative divorce provides the same end result as a traditional divorce. If the parties fail to reach an agreement, the lawyers for the parties and all independent experts must withdraw and the divorcing spouses are free to take their case to court. The requirement that all team members cannot participate if the case goes to court provides a powerful incentive to find constructive ways to resolve the case.
I have found that my clients achieve excellent results through this process with my guidance and experience.
