What is collaborative divorce?

| Sep 14, 2020 | collaborative law, divorce |

Collaborative divorce is an alternative to a traditionally-litigated divorce that can be beneficial in some circumstances for divorcing couples and their families. It is helpful for couples who have made the difficult decision to divorce to understand what collaborative law divorce refers to. The following are some of the basics and benefits of a collaborative divorce.

Collaborative law divorce agreement

Divorcing couples and their representatives sign a collaborative divorce agreement. As part of that agreement, the representatives for the spouses agree to withdraw their representation if the divorcing couple decides to abandon the collaborative law divorce process and pursue a divorce that is litigated in court.

Transparent cooperation and negotiation

The collaborative law divorce process requires the divorcing couple to work together in a transparent fashion as they negotiate a fair divorce settlement. The couple will need to cooperate in good faith to resolve divorce-related issues including property division, child support, alimony and child custody.

More efficient

The collaborative law divorce process can be less costly and may take less time than a traditionally-litigated divorce which can be tied up in court with disputes.

More peaceful and private

While no divorce process is easy or without understandable emotion, the collaborative law divorce process offers an alternative to litigating the divorce that can be less acrimonious and less public than divorce court filings and public records. It can be a better process for children and couples involved in the divorce process.

Collaborative family law is an area of the law it is worth it for divorcing couples to understand and consider. Armed with that knowledge, they can decide which divorce process is best for them based on the resources and tools the family law system has to offer, including collaborative law divorce.