What is a collaborative divorce?

| Apr 12, 2021 | collaborative law | 0 comments

Divorce filings have increased over the past year. If your marriage is ending, you may want to consider foregoing the traditional route and trying a collaborative approach.

In situations where a couple may have the ability to compromise without intervention by a court, a collaborative divorce may work. The process has become more popular throughout the state as couples try to have a less contentious and troubling uncoupling. Familiarize yourself with the basics of a collaborative divorce.

How a collaborative divorce works

When a couple decides to go the collaborative route, they must retain attorneys who perform this function. The attorneys and the couple come together in a series of conferences to openly discuss how to divide money, debt, property, child custody, child visitation and financial support payments. For a collaborative process to work, all applicable divorce issues must resolve.

How it differs from traditional options

There is some confusion about the difference between mediation and collaborative divorce. During a mediation, the parties meet, but they do so in front of a neutral third party. This person is present to help facilitate a settlement. If the couple does not settle all the issues, either in mediation or collaboration, they proceed with the traditional court process. However, if they began a collaborative divorce, they must get new attorneys.

The collaborative process allows couples to keep tension and conflict to a minimum. During a highly emotional event such as divorce, this may prove beneficial for them and their children. Since a collaborative approach usually results in a quicker divorce, the couple may move forward sooner and with more money in their pockets.