Collaborative Divorce Involves Both Spouses Working Together to Reach an Agreement Instead of Operating as Adversaries.
A collaborative divorce is an alternative dispute resolution approach to divorce, where the goal is to help a divorcing couple settle their disputes cooperatively without the stress of a courtroom battle. Each spouse is represented by their attorney and the parties agree ahead of time to settle their disputes collaboratively without resorting to contentious litigation. Both parties work collaboratively to find solutions that satisfy the interests of each party.
Each spouse completes a sworn disclosure statement, comprehensive in scope and similar to the financial affidavits required in most divorce cases. When both sides work cooperatively, each side is typically more satisfied with the settlements as they have had input and more control in the negotiations.
With direct communication between both parties, a collaborative divorce lawyer will not waste time and effort attempting to force issues of discovery, which often increases legal expenses. Deciding to settle your divorce collaboratively, provides many advantages such as a quicker and less costly divorce settlement. It also allows more privacy of settling your disputes together rather than airing out your marital differences in court.
Collaborative Divorce vs. Traditional Divorce
Is the Collaborative Process Right for You?
A collaborative divorce is not the same as a typical divorce, nor should it be confused with mediation. When couples attempt mediation, the mediator is a neutral third-party. If this method is unsuccessful at resolving divorce disputes, couples are left with two remaining choices, they can either attempt a divorce through collaboration or pursue settling their differences in court.
The collaborative process is ideal for couples that desire to work together and avoid contentious or lengthy litigation. If the divorce is hostile or if there is any history of domestic violence, the collaborative divorce process is generally not suitable.
In a collaborative divorce method, attorneys have no financial incentive to take contested issues to trial. If collaborative efforts break down, and your divorce attorney feels that litigation is necessary, they must actually withdraw from representing you. While you always have the right to take issues to court proceedings, the collaborative divorce attorney is not allowed to continue with your representation.
Collaborative Divorce Attorney
A collaborative divorce attorney helps to facilitate the process which requires complete voluntary disclosure from both parties with no information withheld. Each party must agree on industry experts brought into the process such as real estate appraisers, accountants, child custody or mental health issues, and agree on sharing the cost. Both parties typically have a strong desire to settle their divorce without court proceedings.
Anderson & Boback are experienced collaborative divorce attorneys. We know how to evaluate your options and advise you on the proper course of action, based on your rights and interests.