Achieve better divorce outcomes through collaboration

April 24, 2013

When Michigan couples divorce, many issues must be resolved. A popular perception is that divorce is usually acrimonious, with the parties battling over property division, support and child custody, among other things. However, in some cases, divorcing spouses are able to participate in a process called collaborative divorce, which has a number of benefits.

Property division issues in divorce

Perhaps dividing up property can be especially contentious, as some lawyers, realtors and brokers have discovered. Michigan follows the rule of equitable division regarding martial property in divorce. This means that the couple's joint property is allocated in a fair and equitable manner, but not necessarily in an even split.

Conflict over real estate or other matters can lead to increased expense and emotional fallout for people going through divorce. Divorcing couples can work more constructively when they recognize the drawbacks of resistance and escalated conflict. An alternative that can help couples reach a more cooperative resolution is collaborative divorce.

The collaborative divorce alternative

Property division is just one of the many concerns in divorce that can be dealt with effectively through a relatively new approach known as collaborative divorce, chiefly developed in the 1980s.

In a collaborative divorce, the matter is settled without courtroom litigation. The spouses first enter into a contract, signing an agreement that promises they will disclose all relevant information willingly and participate in good faith to negotiate a settlement agreeable to both parties. If the spouses and their lawyers cannot reach a resolution in the collaborative process, the lawyers agree they cannot represent their clients in a litigated divorce.

A collaborative divorce process may involve a variety of professional consultants in addition to lawyers, possibly including financial experts, psychologists and others who are well versed in the many components of divorce. Attention to the needs of children can be a particular focus, drawing on the expertise of child development specialists. Having a team of experts allows the couple to get help at every stage of the divorce, enabling them to arrive at fair, sensible solutions.

A misconception about collaborative divorce is that only one attorney is needed. On the contrary, both spouses should have their own attorneys, but not just any family law practitioner will do. When looking into a collaborative divorce, it is especially important to find an attorney who is experienced with this approach. Collaborative divorce attorneys know how to develop and work with a team and, above all, have the proper attitude, fostering informed cooperation, not conflict.

Article provided by Velzen, Johnsen & Wikander, P.C.
Visit us at www.westmichigandivorce.com