The prospect of going through a divorce can be daunting. Aside from the major emotional challenges that accompany any major life change, many people may be uncomfortable participating in a typical adversarial – and potentially combative – divorce proceeding. Collaborative divorce provides an option for those parties to avoid a lengthy, potentially ugly proceeding and still achieve their goals.
What is a Collaborative Divorce?
Collaborative divorce is a relatively recent development in family law. Rather than acting as adversaries or relying on the court to resolve disputes, lawyers for both spouses work together to negotiate the terms of the divorce. The process emphasizes cooperation. Since divorce can be difficult, anxiety-producing, and emotional, attorneys employ creative techniques to manage issues that arise during the negotiation. The goal of collaborative divorce is to work together to achieve an agreement that meets the needs of both parties.
How does it work?
Parties participating in collaborative divorce agree to settle issues using collaboration and negotiation and rely on their attorneys to help them to reach an agreement. The parties also agree to be fair during the process – which may involve disclosure of documents or hiring neutral experts to provide additional information during negotiation.
In practice, a collaborative divorce involves a series of meetings with the parties and their attorneys during which they negotiate the terms of the agreement. If the parties are unable to reach an agreement, they can then go through a traditional divorce proceeding. Both attorneys representing the parties in the collaborative divorce generally withdraw from the case at that point, and the parties can hire new counsel to represent them in court.
Is it right for me?
Collaborative divorce is not the best option for everyone going through a divorce. Parties with a history of abuse, safety issues, or mental health concerns are generally not good candidates for collaborative divorce. Parties who decide to engage in collaborative divorce must be willing to work together, must accept the separation and divorce, and must be committed to the process.
For those who are interested in participating in a collaborative divorce, there can be benefits. If there are children in common, they may be spared a lengthy or unpleasant court battle between their parents. Collaborative divorce also minimizes conflict between the parties and may allow the parties’ post-divorce relationship to be healthier or more comfortable. For parents, engaging in collaborative divorce with a focus on maintaining a healthy and successful post-divorce relationship may help them to co-parent more productively after a divorce. Collaborative divorces are also more flexible than court battles might be – if parties are quick to agree, they might be comparatively short, and if parties are interested in arrangements beyond what courts are capable of providing, they may be able to incorporate them into a divorce agreement.
If you are interested in learning more about collaborative divorce, contact me today for a consultation. As an experienced family law attorney in Chicago and surrounding areas, I can help you understand your options and decide whether collaborative divorce is right for you.
