Collaborative Divorce

Collaborative divorce is a process by which a couple can divorce without taking the divorce to court. Both spouses have a lawyer and the foursome meets to discuss the divorce. The meetings are not antagonistic. On the contrary, they are designed to facilitate efficient communication and decision-making. Because of the nature of collaborative divorce, it is important for the spouses to select lawyers who are not hostile.

The atmosphere should be friendly and the communication should be open. The end goal is always to arrive at mutual satisfaction between the spouses in the decisions surrounding their divorce. These decisions may include details about their children or monetary concerns. As collaborative divorce is designed to be open and forthcoming, it is important that both spouses discuss issues with their attorneys beforehand. That way, they have an idea going into the meeting of what the desired outcome is.

Collaborative divorce is not always successful. In the event that the couple is unable to reach agreement with the first attorneys of their choosing, they select new lawyers to replace their current ones. They may also include a mediator to sit in on the meetings and help negotiate. Additional support is sometimes needed for emotional strain, issues surrounding the children, or finances. The additional support should not show any favoritism or partiality for either party.

Mediators know the laws well and can therefore keep the conversation on the right track. The job of the mediator is to facilitate helpful decision-making and positive communication. Collaborative divorce is often seen as a better option than formal litigation because it is more cost and time efficient. It also provides a generally more comfortable environment and allows the couple to make decisions that are most compatible and satisfactory for both spouses.

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