Collaborative divorce occurs when spouses and their lawyers commit to negotiating a settlement agreement without going to trial. This increasingly popular approach brings each spouse and their specially trained collaborative lawyers together in face-to-face meetings to work out their issues. Often, a collaborative divorce is simpler, quicker to achieve, cheaper, and less acrimonious than a traditional divorce trial.
How collaborative divorce works
Each spouse hires his or her own lawyer experienced in collaborative law. In a series of four-way meetings, the lawyers facilitate communication between the husband and wife regarding child custody, property distribution, alimony, and other issues. Each party identifies its goals and priorities and listens to the other's point of view. Documents that clarify issues are disclosed to ensure complete transparency. The spouses and their lawyers work as a team to solve problems and brainstorm solutions until they reach a mutually beneficial settlement agreement. This agreement is put in writing and presented to a family court judge for signature and inclusion in the final divorce decree.
If the husband and wife fail to reach a settlement and the case goes to court, the collaborative lawyers are legally bound to withdraw from the case. Each spouse will need to hire new lawyers for litigation.
Collaborative divorce versus divorce mediation
The critical difference between collaborative divorce and divorce mediation is that a mediator can't provide legal advice. A mediator helps spouses identify issues, examine options, and reach resolution without advocating for either side. If either spouse needs advice in regard to a particular issue, they must turn to a lawyer.
However, both mediation and a collaborative approach help reduce the emotional strain of divorce and keep decision-making in the divorcing couple's control. They create conditions where a couple can continue to have a civil relationship. This is especially important when divorcing couples have children and plan to share custody.
When to get a collaborative divorce
A collaborative divorce is a good option if both you and your spouse are committed to working together. If one party refuses to share important information, or is unwilling to be open and flexible, a collaborative divorce won't work. Furthermore, if there is a history of abuse, serious mental illness, or financial misconduct, a collaborative divorce isn't an option.
Additional resources:
Divorce Source: Collaborative Family Law: Restoring Sanity to the Divorce Process
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