If you’re curious to learn more about what a collaborative divorce truly is and how it works in practice, then you’ve come to the right place. In this guide, we’re going to take a closer look at collaborative divorce and everything that it entails, so let’s get straight to it.
First of all, a collaborative divorce is a term that simply means the divorce process is redefined from a combative frame into a problem resolution frame, with an emphasis on finding solutions that work for both parties, rather than one party winning and beating the other.
As you would expect, this form of divorce can be highly beneficial for both parties involved, particularly when it comes to issues such as child custody, property division, and more. Additionally, collaborative divorce often means that the case doesn’t need to go to court to settle key issues, as they can simply be worked out using mediation and negotiation tactics that can be arbitrated by the attorneys of either party.
There are numerous benefits associated with using collaborative divorce rather than conventional law, and many people greatly appreciate the informal setting that it provides, along with the easier exchange of information that allows both parties to settle any disputes in an open and informal manner. What’s more, many people prefer this form of divorce law due to the fact that it saves quite a bit of money in attorney fees as well.
However, despite the more informal process, it’s still worth noting that collaborative divorce is still fully confidential and legal, although it tends to be far more convenient for every party, as it allows you to structure meetings around your own schedules rather than that of the courts. Of course, it also means that subpoenas will not be involved either.
Now that you understand the basics of what collaborative divorce is, let’s take a closer look at how the process tends to unfold.
To begin with, both parties will hire an attorney, and each attorney will represent their client’s wishes during the mediation process. In general, you will meet with the attorney to discuss your primary needs and concerns, and they will do their best to represent you during the negotiation process.
At some point in the process, there will be a four-way meeting that allows all parties involved to develop solutions to the problems that can occur during the negotiation process, and if things become particularly difficult to resolve, then a licence mediator can also be hired to help the proceedings move along.
Another key aspect to understand about collaborative divorce is that there will usually be a ‘no court’ agreement signed by your attorneys, and this agreement dictates that your attorney will withdraw from the case if it does happen to continue on to litigation, although this is usually a rare occurrence if both parties agreed to a collaborative divorce from the start.
At the end of the day, it’s clear to see that using collaborative law can be a much better alternative for many people going through the difficult experience of a divorce.