A collaborative divorce is when both parties agree to reach a settlement outside of court in order to avoid a potentially uncertain outcome. This option is generally less time consuming and more cost-efficient than a traditional divorce.
Both parties and their attorneys must voluntarily sign a participation agreement stating that they will use the collaborative divorce process and attempt to reach an agreement in a friendly manner.
Our attorneys will provide you with guidance and represent your interests in the collaborative process in order to reach a fair settlement. During this process, one of the attorneys prepares the proposed stipulated Divorce Decree. This document must be approved and signed by both parties and their attorneys and approved by the Court.
The key difference between collaborative divorce law and another form of alternative dispute resolution is that in the collaborative law process, if you and your spouse are unable to reach an agreement, the lawyers are mandated to withdraw from the matter. This encourages both parties to work together and also avoids the threat of litigation. It also means that all four individuals, the two lawyers and the two spouses, have an interest in the process and outcome.
While a collaborative divorce may seem ideal, it may not be right for your situation. If you are seeking a divorce as a result of domestic abuse, addiction or another similar issue, a traditional divorce may be the best option for you.
A collaborative divorce also may not be the best choice for your situation if there are any doubts as to the trustworthiness of the other party. It is also important to understand that a traditional divorce can also be collaborative and cooperative. Our divorce attorneys can help you determine if a collaborative divorce is right for you.