Collaborative Divorce Out of Court Option
Collaborative Divorce is an out-of-court, mediation-based process that utilizes a professional team to support a divorcing couple, as they strive to resolve their family’s legal and financial issues. In the Collaborative process, both spouses retain an attorney that is specially and specifically trained to assist in resolving divorces in a collaborative fashion. At The onset, both parties and their attorneys sign an Agreement indicating their desire to reach a resolution outside of the legal system. It is important to note that if the collaborative process is not ultimately successful, the parties are not barred from filing a legal action and seeking a divorce through traditional litigation, (although you will not be able to retain the same authority previously utilized).
In addition to your attorneys, your Collaborative Team almost always includes a neutral and/or mental health professional who will assist the parties in realizing their goals, both individual and family-oriented. Your team may also include a divorce coach, financial planner and/or child specialist if applicable to your case. The Collaborative process progresses through a-series of meetings with your teams during which you identify goals and issues and utilize strategies to accomplish and resolve them. Honesty and full disclosure is necessary to ensure equity in this process.
There are numerous advantages to the Collaborative Divorce process including:
- The process is inspired by the team approach.
- Less adversarial process, resulting in less stress, tension and bad feelings between the parties;
- Often results in a more enduring agreement — one that both parties are accepting of and thus less likely to result in litigation in the future.
- May result in a reduction in the time and cost typical of a traditional divorce action.
- Allows client freedom, allows the client to make educational decisions from a multi discipline team.
- When applicable, focuses on the best interests of the minor child(ren) and the family unit and thus better long term impact on the family. Most parents are really willing to do this for their children.
- A resolution totally out of court.