What is Collaborative Divorce?
Collaborative divorce is a process in which the parties agree – by contract to stay out of court. Each party is represented by an attorney, so they receive legal advice, but the parties also agree to use any professional they need to work out solutions that meets both parties’ needs. Unlike the litigation approach, collaborative spouses work to make sure an agreement is not only fair for them, but also fair for the other spouse and for the children. It is a different and fundamentally non-adversarial approach to resolving the issues at hand. It takes a lot of the fear out of divorce and it typically ensures better outcomes for all involved. It is frequently – but not always – a less expensive process. You should discuss with your attorney whether or not this process is a good one for your family.
Collaboration requires both parties to act in good faith and if one party isn’t capable of putting the other person’s “needs” on their radar screen, or is unable to make compromised decisions, collaboration won’t work for you.