Collaborative law divorce can be a benefit to both divorcing spouses and their children and families. Overall, the collaborative law process can be more peaceful and can also provide a number of practical benefits as well, that divorcing couples should understand.
Basic elements of the collaborative law process
The collaborative law process takes place outside of the court system except for mandatory filings for agreed upon judgments. For that reason, it can save time, money, and aggravation for the filing spouses. The collaborative law process is potentially beneficial and different from a litigated divorce because:
There is a written agreement signed between the spouses and their representatives, or lawyers, that the parties will not threaten to use the court system or use the court system and if they do, the lawyers must withdraw.
The lawyers are actively involved in meetings between the divorcing couple and helping them during negotiations and the decision-making process to reach settlement agreements.
The lawyers must withdraw if the couple decides to pursue a litigated divorce and cannot participate in any divorce litigation between the divorcing couple moving forward.
The parties focus on good faith negotiations and problem-solving skills to reach shared agreements.
Experts, such as counseling or financial experts, are retained jointly by the divorcing couple and are also prohibited from participating if the divorcing couple decides to litigate their divorce.
Collaborative divorce has many possible benefits and can help divorcing couples resolve their concerns in a potentially better way. It is an option divorcing couples should consider and fully understand headed into their divorce proceedings.