Separation and divorce are never easy, and can quickly turn into complex and contentious court proceedings. For partners looking to part ways on their own terms, collaborative divorce can serve as a more peaceful alternative. During this process, terms are reached through independent intercession and negotiation to keep the control over your family’s future out of the courts, and in your own hands.
Key Elements
- Collaborative divorce begins with a conversation between the spouses and their lawyers, ensuring that all parties are willing to collaborate and negotiate matters like child custody and support, property and debt division, and alimony.
- Lawyers may also be aided by other members of a collaborative divorce team. Services for divorce coaches, facilitators, and mental health practitioners are shared between partners, mitigating overall costs. These professionals harmonize to ensure the wellbeing of all involved, especially any children.
- A “no court” agreement acts as a strong incentive to commit to the process and negotiate with respect and civility. If either spouse exits the collaborative divorce process to file traditional court proceedings, the joint service providers must be replaced by entirely new representation — a time-consuming and costly ordeal.
- The crux of collaborative divorce is a series of team-meetings. Collaborative divorce recognizes that no two families are alike, and every situation has unique considerations at play. These meetings allow you to preserve autonomy and seek the best outcome for both of the spouses, as well as the collective family. This expedites the divorce process, and lets the partners make their own decisions about their future, rather than leaving it up to a judge.
Teamwork Takeaways
- Throughout the process, the collaborative divorce team acts as both a buffer and a compass, guiding the case toward civil resolution.
- Once the terms of divorce are reached, the settlement must be signed by both spouses. A judge will review the agreement, and then authorize the divorce.
- The most important benefit of Collaborative Divorce is that by electing to proceed with respect and focus on everyone’s best interests, your child(ren) will not suffer as a result of the process.
- There are many studies about the negative effects of divorce on children; however, those same negative effects do not hold true for children whose parents engaged in Collaborative Divorce.
- Though separation is never painless, the collaborative divorce process aligns with the best interests of each unique family and allows partners to step into this new beginning with flexibility and security.
For guidance on navigating collaborative divorce, contact us.
Related practices: Divorce & Family, Estate Planning, Litigation
