Collaborative Divorce

Collaborative Divorce has proven to be a highly successful way for a divorcing couple to resolve their differences without going to court. In the collaborative law divorce process, the participants each have experienced divorce attorneys with advanced training in non-adversarial conflict resolution techniques. Instead of going to court to argue over and litigate issues such as custody, visitation, spousal maintenance and property division, the participants and their attorneys meet in a series of informal, four-way settlement conferences. They jointly discuss the issues, share full disclosure of all relevant information and develop solutions that are more creative and acceptable to both parties than having a decision made by a judge in an adversarial hearing.

Similar to the Restorative Divorce model, The Collaborative Divorce model views divorce as the restructuring of the family, not a battle to be won or lost. The model is successful because it provides the participants with an optimal setting, atmosphere and support system to enable them to settle their divorce issues. It empowers them to reach their own solutions to sometimes difficult divorce issues, thereby improving the chances for long-term goodwill and a sense of satisfaction that a fair and just resolution was reached when the divorce process is completed. The attorneys are not there to do battle with each other, but are charged with guiding the process for the divorcing couple, and collaborating on solutions.

The Collaborative Divorce Process

To insure full commitment to the collaborative divorce process, the participants and their attorneys agree in advance that they will work together in a cooperative, good faith effort to resolve issues without resorting to litigation in the courts. They agree that they will provide full, honest and open disclosure of all information relevant to the proceedings. And, importantly, they agree that their attorney's representation is limited to the collaborative divorce process, and that neither of the attorneys can ever represent them in a court proceeding against the other spouse. This eliminates the easy fall-back position of letting a judge decide important issues in the participants' lives and puts emphasis on finding workable solutions that are acceptable to both parties. The outcome of the vast majority of collaborative divorce cases is a "win-win" situation that both participants agree is a fair solution to their divorce issues.

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