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What is Collaborative Divorce?
Collaborative divorce involves each party retaining a
collaboratively trained attorney who will represent them
throughout the process.
Uniquely, the parties and
their attorneys agree to work collaboratively and
constructively to come to agreement without resorting to the
Courts. In fact, if either party or attorney threatens
court action (or behaves in a way that threatens the
collaborative principles within which all have agreed to
work), then both attorneys are bound to withdraw from
the matter and the clients then need to seek alternative
representation. The focus of collaborative divorce is
one of problem-solving and creativity in order to create two
new family structures that work effectively for the best
interests of the children and the parents.
Utilizing the Appropriate Professional
Collaborative practitioners value the involvement of other
professionals in the collaborative team.
In
particular, because divorce is considered to be more of an
emotional event than a legal event, divorce coaches, who are
trained mental health professionals, are used to coach the
parties on communication, negotiation, and parenting
matters. Financial professionals, typically CPAs or Certified
Divorce Financial Analysts, are often included to centralize
the collection and analysis of the financial information and
help the parties to reach agreement on the financial aspect
of the settlement.
Isn't Collaborative Law Expensive?
The cost of a divorce depends to a large extent on the goals
and attitudes of the parties and how different their views
are of an equitable settlement. If the parties goals
are to "win" at all costs, then a litigation approach will
be the selected method and it is likely to be very
expensive. If the parties are pretty much in agreement
and do not have difficult legal issues, then pro se or
mediation (with or without attorneys) can be a cost
effective approach. If the parties have more
complicated issues, need legal representation, and most
important, want to try to come out of the divorce process
with a framework that will support and enhance good
co-parenting, then collaborative divorce is likely to be the
best option. Because collaborative law tends to use the
appropriate professional for each task in the process, it
tends to be a cost effective approach, both in the short
term for reaching and agreement, and
in the long run, because the agreement that is reached is
well thought out and agreed to by both parties.
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