Collaborative Divorce is a different process for divorcing that can help you make a healthy, hopeful transition from one stage of your life to the next based on your family’s unique needs and circumstances. Collaborative Divorce strives to provide clients with the support, information and structure they need to reach agreements that are voluntary and of maximum mutual benefit.
To achieve this goal, collaboration begins with and emphasizes education prior to negotiation, explores common goals in place of divisive positions, and creates a safe environment for constructive conversation. The emphasis is upon creative agreement rather than hostile victory. Because the process consists of structured negotiation sessions, both spouses’ interests are fully considered and the final resolution includes consideration of everyone’s highest interests.
The Collaborative divorce process promotes respect, places the needs of children first and keeps control of the process with the divorcing spouses, not their lawyers. Collaborative Divorce helps each spouse anticipate their needs in moving forward, and includes those needs in the discussions.
When children are involved, Collaborative Divorce makes their future a number one priority. When issues such as privacy, continuation of a family-run business or personal integrity are important, the collaborative process is often the best choice when deciding how to dissolve your marriage and restructure family relationships.
The process also anticipates future issues that many divorced couples face. If you are concerned about introducing your children to new romantic partners, continuing family businesses, the effects of the economy in the future on today’s settlement terms, the collaborative process can assist you and your spouse in sorting out these issues and many more. As a more respectful, dignified process, the collaborative divorce process helps families make a smoother transition to the next stage of their lives.
From the start, it focuses on problem solving, not blaming or re-airing past grievances. Full disclosure and open communications help assure that all issues are discussed in a timely, non-confrontational manner. Finally, because settlement is reached before filing in court, there is more privacy and no waiting for the multiple court hearings that are usually necessary with conventional divorce.
What’s Wrong With the Old Way?
Although the traditional adversarial litigation model works well in some areas of the law, zealous advocacy” can produce profound detrimental side effects in divorce cases. Especially when children are involved, full-scale adversarial war can require tactics that are destructive to the children, the spouses, and to their financial well-being.
When contested divorces are fought as battles to be won, there can be no real winners. The negative impact can have long-lasting effects because a divorced couple has a relationship that continues after the litigation is concluded, whether it be financial or with respect to parenting their children.
Collaborative Divorce is guided by a very important principle: respect. By setting a respectful tone, Collaborative Divorce encourages the divorcing spouses to demonstrate compassion, understanding and cooperation. The goal of Collaborative Divorce is to build a settlement on areas of agreement, not to perpetuate disagreement.
