Splitting up without a fight? It's possible in collaborative divorce

March 09, 2013

Splitting up without a fight? It's possible in collaborative divorce

Article provided by Bush & Heise Attorneys at Law
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For most people, the end of a marriage is a traumatic event. Even if both spouses know that getting a divorce is the right thing to do, the upset that comes from leaving behind your old life and facing a new one full of uncertainty can be a lot to handle. In too many cases, this stress is made even worse by the conflict and competition that comes with divorce litigation.

It doesn't have to be this way. Although litigating a divorce is the right choice for some couples, many couples can benefit from using a collaborative law process to resolve their divorce amicably and out of court.

How does collaborative divorce work?

In collaborative divorce, both spouses are represented by their own divorce attorneys. Both teams work together to reach a consensus on all of the issues related to a divorce, including property division, spousal support and child custody. If for some reason the couple cannot reach an agreement, they still have the option to go to court (but they will need to hire new lawyers).

At the start of the process, both parties to a collaborative divorce sign a "contract" in which they agree to be honest and to work together in good faith. This agreement forms the underlying basis of the entire collaborative divorce process -- by agreeing to be respectful and productive, the parties can help ensure that they will reach a mutually acceptable agreement without the rancor and divisiveness that often accompany litigated divorces.

The collaborative divorce process is especially productive because the parties are not working alone. In addition to their divorce attorneys, the parties enlist the help of specialized experts like financial advisors, divorce coaches and child specialists.

With the help of these experts, the parties and their attorneys will hold a series of private meetings to discuss all of the factors relevant to their divorce. Once an agreement is reached, the attorneys will draft a legally-binding divorce agreement and file it with the court.

Is collaborative divorce right for me?

Collaborative divorce has a number of benefits. The process is particularly well-suited to couples with children, because it helps the divorcing couple create a co-parenting relationship without putting the children through the stress of litigation.

In addition, collaborative divorce can be helpful for divorcing couples who wish to protect their privacy, since the divorce is conducted in private out-of-court meetings and is therefore not part of the public record.

Collaborative divorce might not be the best choices in cases where the divorce is particularly acrimonious or where one spouse has serious reservations about the other's ability to be truthful or respectful.

Of course, every divorce involves its own unique concerns. If you are considering collaborative divorce, talk to your attorney to see if it is right for you.