Collaborative Divorce

In recent years, divorcing couples that wish to avoid a lengthy litigation process have used collaborative divorce. The purpose of a collaborative divorce is to allow you and your spouse to work together to come up with a divorce agreement that is satisfactory for both parties.

There are several advantages to having a collaborative divorce rather than a traditional one. In a collaborative divorce, you are working with your spouse, rather than against him or her. This generally reduces antagonism, as well as stress and drama. The legal costs for a collaborative divorce is usually lower than for a traditional divorce. In addition, collaborative divorces are resolved quicker.

During a collaborative divorce, you and your spouse will be represented by attorneys. It is important to have attorneys present to ensure the agreement includes every aspect of your divorce. This differs from a traditional divorce, where the attorney’s goal is to get his or her client the best settlement, even if it means that the other party is not treated fairly.

You will have a number of meetings with the attorneys and your spouse to work out the divorce agreement. If you have children, a child specialist may get involved to give you advice on how to help the children cope with the divorce. A financial specialist may also give advice on how to settle the financial aspect of your divorce terms.

When all of the issues have been discussed, a participation agreement that details all of the terms of the divorce will be drawn up. This agreement outlines the distribution of assets and debt, discusses child custody, child support, and other matters. After you and your spouse sign the document, your attorneys will bring it to a family court judge to sign off on the divorce.

It is important to know that if you or your spouse decides for any reason to end your collaborative divorce and obtain a traditional divorce, your attorneys must withdraw from the case. Attorneys in a collaborative divorce make an agreement that they will not represent their clients in a traditional divorce; this gives them an incentive to assist their clients in reaching an agreement, rather than going to court to win the case.

To learn more about collaborative divorce in your state, contact an experienced divorce lawyer today.