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A brief explanation of collaborative divorce

Written by: Lori I Barkus

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Posted over 2 years ago. Applies to Florida, 0 helpful votes, 0 comments

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A brief explanation of collaborative divorce

A collaborative divorce seems like an odd concept to many. After all, divorces are usually described as “messy” and “complicated” and are almost expected to involve a battle over children, property or both. The idea that two people on the verge of separating their lives and property while going through the emotional turmoil associated with dissolving a marriage sounds more like wishful thinking than reality. Collaborative divorce often accomplishes this seemingly impossible task. This relatively new concept combines the elements of mediation and the discovery portion of a traditional divorce proceeding. In a collaborative divorce, the parties and their attorneys work together to reach a settlement of the issues facing a divorcing couple, rather than proceeding with litigation and ultimately having a judge decide these issues for the parties.

How Collaborative divorce works

A collaborative divorce works as follows: The parties and their attorneys enter into an agreement not to litigate and not to file any petitions or motions with the court. Instead, the parties and their attorneys engage in settlement meetings, voluntarily produce financial and other information and, if necessary, jointly engage the services of accountants, financial advisors, therapists and other professionals who can assist the parties in reaching an agreement. The parties jointly pay the expenses of attorneys and other professionals. The process encourages the parties to settle. If the parties cannot agree to some or all of the issues, their lawyers will withdraw and the parties can retain lawyers to represent them in further proceedings.

The many benefits of collaborative divorce

The obvious benefit to a collaborative divorce proceeding is that it allows the parties to minimize expenses associated with depositions, discovery and court appearances, thereby preserving often much needed financial resources. A collaborative divorce also allows those with children to begin working on their co-parenting relationship and, if necessary, to jointly engage the services of a therapist or other professional to assist in this process. The process can be less expensive, less time consuming and less adversarial than a traditional divorce proceeding. Money saved in the collaborative divorce proceeding can be used by the parties to engage to financial and emotional support necessary during this process.