What exactly is Collaborative Divorce?

Collaborative Divorce Law is a method of divorce that relies on collaboration rather than going to court.

Collaborative divorce law is a method of resolving marital conflicts that is focused on collaboration rather than litigation. Collaborative divorce law assists in resolving not only the legal concerns of divorce, but also the emotional challenges. Unless a settlement cannot be reached, both parties agree to forgo going to court.

A collaborative divorce is similar to mediation, except that it is not court-mandated and there is no neutral third party involved, just the two parties and their attorneys. Both parties, together with their attorneys, must meet to negotiate the settlement; this ensures that both parties are fully educated about the legal implications of all their alternatives, allowing them to achieve the best possible result. The term “responsibility” refers to the process of determining whether or not a person is responsible for his or her own actions. (everything said or disclosed in meetings is confidential). The parties must also split the expense of any professional services that are considered essential. (ex: real estate agents, child care services). If the collaborative procedure fails and the divorce must move to court, the initial attorneys must withdraw from the case.

Collaborative divorce is less costly and typically quicker than litigation. Furthermore, it may alleviate the stress of the divorce, which is especially beneficial when children are involved. While collaborative divorce legislation has numerous advantages, it is not for everyone. You should consider it only if you can agree to work with (rather than against) your spouse throughout the divorce process. If the divorce is not amicable, a lawyer may refuse to participate in a collaborative divorce case. (for example, involving abuse or adultery).