What is Collaborative Divorce?

The collaborative divorce process is an alternative way of getting divorced that allows couples to achieve a mutually acceptable resolution of all issues without going to court. The collaborative process avoids court, is confidential and gives control over the outcome to the divorcing couple. In the collaborative process both parties agree from the start not to resort to litigation. All parties sign a “Participation Agreement” which sets the tone for collaborative law and is the framework for the process. With this commitment not to litigate in place and the threat of litigation taken off the table, an atmosphere of trust and mutual respect is created allowing for honest, open communication

Benefits of Collaborative Divorce

  • Avoid court and the loss of privacy, control and uncertainty associated with the traditional process,
  • Protect your children and their feelings from the trauma of a court battle,
  • Ensure that everyone’s financial interests are met so that you can finally move on with your life and embrace a new beginning,
  • Save money and time while helping you and your spouse find creative solutions that meet both of your needs.

Summary Of Collaborative Process

When Is Collaborative Law The Best Choice For Me?

It isn’t for every client (or lawyer), but it is worth considering if some or all of these statements are true for you.

  • You want a civilized, respectful resolution of the issues
  • You would like to keep open the possibility of friendship with your partner down the road
  • You and your partner will be co-parenting children together and you want the best co-parenting relationship possible
  • You want to protect your children from the harm associated with litigated dispute resolution between parents
  • You and your partner have a circle of friends or extended family in common that you both want to remain connected to
  • You have ethical or spiritual beliefs that place high value on taking personal responsibility and handling conflicts with integrity
  • You value privacy in your personal affairs and do not want the details of your divorce and your settlement to be available in the public court record
  • You value control and autonomous decision making and do not want to hand over decisions about your future financial and/or child-rearing arrangements to a stranger (i.e. judge)
  • You recognize the restricted range of outcomes generally available in the public court system and want a more creative and individualized range of choices available to you and your spouse or partner for resolving issues/conflict
  • You place value on the continuing relationships that will exist in your restructured family situation
  • You understand that conflict resolution with integrity involves not only achieving your own goals but finding a way to achieve the reasonable goals of the other person
  • You and your spouse or partner will commit your intelligence and energy toward creative problem solving rather than toward recrimination or revenge fixing the problem rather than fixing the blame

Are You a Candidate For Mediation or Collaborative Divorce?

Take this short quiz to see if mediation or collaborative divorce is right for you.

How To Tell Your Spouse About Collaborative Divorce

Collaborative Divorce Articles

The Next Step

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