How Does the Collaborative Divorce Process Work?
Collaborative divorce is an alternative to the adversarial nature of many divorces, requiring both parties to enter into the process voluntarily. When a couple agrees to a collaborative divorce, they are making a commitment to resolve their issues respectfully and cooperatively, avoiding court and other adversarial proceedings.
Those who agree to a collaborative divorce must voluntarily provide full, honest disclosure to their spouse and any negotiated settlement will be based on the assumption that the parties have acted truthfully and in good faith. Each party will have their own lawyer for a collaborative divorce—lawyers who also commit to a mutually agreeable resolution. Because neither party is allowed to use their collaborative divorce lawyer to advance their position in court, the environment is one of negotiation and settlement.
To begin the collaborative divorce process, your collaborative divorce lawyer will meet with you to determine what your goals for the divorce are, then will guide you through the collaborative divorce process. Once the process is complete, an agreement will be drafted, then signed by both parties.
How is a Collaborative Divorce Different from a “Regular” Divorce?
The very nature of a “typical” divorce is that it is designed to be adversarial. If, however, you are hoping to end your marriage at least somewhat peacefully, without courtrooms and angry cross-examinations, then a collaborative divorce could be a good choice.
A collaborative divorce often minimizes the hard feelings and emotions involved in contested litigation. In a collaborative divorce, there is no fighting to gain an advantage, rather the process works by helping couples find viable solutions they can both live with. Experts, including appraisers or accountants, may be used, just like in a regular divorce, but in a collaborative divorce, these experts are neutral. They are not trying to help one side or the other “win,” but are simply providing expert information.
Why Does a Collaborative Divorce Have More Positive Results Than a Typical Divorce?
The collaborative divorce approach tends to lessen contention because it requires both spouses to consider not just their own needs, but the needs of their spouse and their children. Since conflict can be traumatizing for children, a collaborative divorce can definitely help families improve their communication techniques. Typically, collaborative divorce is cheaper than a regular divorce and generally has quicker results as well.
Your chances of success with a collaborative divorce vastly increase when you choose a lawyer who has the necessary collaborative family law training, as well as significant experience implementing that training. When you choose a collaborative divorce lawyer from Musson Law, you will see guided negotiations at managing conflict at work—and reap the positive results.
