Collaborative Divorce
Definition of Collaborative divorce:
Collaborative divorce is a process where both parties work with their attorneys and other professionals to reach an agreement outside of court. This process is designed to be less adversarial and more cooperative than a traditional divorce. The goal is to reach a mutually beneficial resolution without the need for litigation.
Collaborative Child Custody:
Collaborative child custody, also know as collaborative custody or co-parenting, is a similar process focused specifically on creating a parenting plan for children. The parents work together with their attorneys and other professionals to create a plan that addressses their chirldren’s needs and best interests. This can include issues like visitation schedules, decision-making responsibilities, and child support.
Collaborative negotiations:
Collaborative negotiations both parties sign a participation agreement that commits them to resolving their disputes outside of court. The agreement outlines the ground rules for the process, including that both parties will be honest and transparent, and that they will work in good faith to reach a settlement.
Commonly Asked Questions
Collaborative divorce is different from traditional divorce in that it is a more cooperative and collaborative process. Rather than fighting it out in court, both parties agreee to work together and reach a mutually agreeable settlement.
Collaborative divorce is not appropriate for all cases. If there is a history of domestic violence, for example, or one party is unwilling to negotiate in good faith, then collaborative divorce may not be a viable option.
If the parties are unable to reach a settlement through collaborative divorce, then the case would proceed to court, and the collaborative attorneys would be disqualified from representing their clients.
Whether or not collaborative divorce is right for you deprends on your individial circumstances. It is important to consult with one of our expereinced attorneys to determine if collaborative divorce is the best option for you situation.
Yes, each party in a collaborattive divorce still needs to hire their own attorney. However, the attorneys are there to facilitate the negotiation process, rather than to advocate for their cilent in court.
Warning: When the parties involved in a collaborative process reach an agreement and complete the necessary steps to finalize it, there is a possibility that the agreement can become a binding contract. That’s why it is crucial to have the guidance of an experienced attorney who can help you navigate the collaborative process and understand the legal consequences of the agreements you make along the way.