Collaborative divorce is another alternative to accomplish your dissolution of marriage action. It is a slight combination of the mediation and litigation alternatives.
A collaborative divorce will only succeed if the parties first both agree to take part in the process. If either party does not agree to collaboration, then the process cannot be pursued.
What is Collaborative Divorce?
The collaborative process involves a series of meetings between the interested parties to reach agreements that are in the best interest of all interested parties, including the children. During a collaborative dissolution, the parties have more control over the process, as they are involved in the decision making each step of the way. Instead of litigating the matter and putting life changing decisions in the hands of a judge, the parties make the decisions that will determine their life after divorce.
Collaborative divorce is a combination of the mediation and litigation alternatives and will only succeed if both parties agree to take part in the process.
In the case of collaborative divorce, the attorneys pledge to not litigate the matter or threaten to litigate the matter. If the case cannot be settled, and the process of collaboration fails, the same attorneys cannot be involved in any future litigation, due to the level of information gained in the collaborative process.
What Does It Take to Make Collaborative Divorce Work?
- No Court:
The first key factor of a collaborative divorce is the agreement by all parties involved that no one involved will pursue litigation or threaten to pursue litigation. Instead, the parties work towards a settlement agreement that is everyone’s best interest.If a party decides that the process of collaborative divorce is the right choice for them, the first step is to discuss this alternative with their spouse and get their agreement. Then the individual should choose an attorney that is trained in the process of collaborative divorce. This attorney will assist them in hiring other specialists that have also been trained in the collaborative process.Read About Choosing the Right Family Law Attorney
In a collaborative divorce, each party hires their own team to assist them in the process. The team consists of an attorney and a psychologist that will be their representatives throughout the collaborative divorce. There is also a financial specialist, usually an accountant that is jointly retained by the parties to assist in the financial items involved in the dissolution. In addition, if there are children involved in the case, a child life specialist is retained as well. Usually this individual is another psychologist who assists in custody and visitation matters. The parties share the costs of these expenses.
- Acting in the Best Interest of Children:
The parties work to not involve the children in the process. The parties work towards a settlement that is best for the children without involving them.
There must be complete disclosure by both sides. Nothing is hidden from the other party in the collaborative process