How is collaborative divorce different?

A collaborative divorce is a legal process in which divorcing spouses work together, along with their respective attorneys, to reach a mutually acceptable agreement without going to court. It is an alternative to the traditional adversarial divorce process. In a collaborative divorce, both parties commit to resolving their issues through open communication, negotiation, and cooperation, with the goal of reaching a fair settlement that meets the needs and interests of both spouses and any children involved.

The collaborative divorce process typically involves the following key elements:

1. Voluntary Participation: Both spouses voluntarily agree to participate in the collaborative process and commit to resolving their issues outside of court. They sign an agreement, known as a “collaborative participation agreement,” which outlines their commitment to open communication and cooperative problem-solving.
2. Team Approach: Collaborative divorce involves a team of professionals who work together to assist the spouses in reaching an agreement. This team may include attorneys, financial specialists, mental health professionals, and child specialists, depending on the specific needs of the couple and their children.
3. Open Communication: The spouses and their attorneys engage in face-to-face meetings and discussions to openly communicate and exchange information. This transparent and respectful communication is aimed at understanding each other’s concerns, interests, and priorities to find mutually agreeable solutions.
4. Interest-Based Negotiation: In a collaborative divorce, the focus is on identifying the underlying interests and needs of each spouse rather than taking adversarial positions. The goal is to find creative solutions that meet the interests of both parties and any children involved, while also considering legal requirements and financial considerations.
5. Problem-Solving and Mediation: Collaborative divorces often involve mediation sessions facilitated by a neutral mediator who helps guide the discussions and negotiations. Mediation allows the spouses to work through their differences and make informed decisions together, with the assistance of the mediator.
6. Avoidance of Court Litigation: One of the central principles of collaborative divorce is that both parties and their attorneys agree not to go to court. If the collaborative process fails and the parties decide to pursue litigation, they must retain new attorneys, as the attorneys involved in the collaborative process are disqualified from representing them in court.

The collaborative divorce process aims to promote a more amicable and cooperative approach to divorce, reducing conflict and emotional stress for both spouses and any children involved. It encourages a focus on long-term solutions, open communication, and preserving relationships, making it an appealing alternative for couples seeking a more respectful and less adversarial divorce experience.