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Collaborative Divorce

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What is Collaborative Divorce?

A collaborative divorce is a process in which parties meet to negotiate and collaborate to find mutually agreeable solutions with the assistance of their collaborative attorneys without resorting to litigation. This approach minimizes conflict and stress while helping couples reach a settlement that meets both of their needs and provides for each party to have the advice and assistance of an attorney who has been trained in collaborative practices as they navigate the resolution of their divorce.

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The collaborative divorce process

  • The parties sign a collaborative participation agreement describing the nature and scope of the collaborative divorce process.
  • The parties voluntarily disclose all information that is relevant and material to each issue in the divorce that must be decided.
  • The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement.
  • Each party must be represented by a lawyer trained in collaborative practice whose representation terminates upon the undertaking of any contested court proceeding.
  • The parties may hire mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding.
  • The parties may jointly hire other experts as needed.
  • Collaborative Practice provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Practice allows you to choose to have the benefit of coaches, mental health professionals, child specialists, and/or financial specialists all working together with you on your team.

The Core Elements of the Collaborative Process

  • Negotiate a mutually acceptable resolution without having courts decide issues.
  • Maintain open communication and information sharing.
  • Create shared solutions acknowledging the highest priorities of all.

Collaborative Mediation is Another Option

In collaborative mediation, the parties and their collaborative attorneys work with a trained family law mediator to resolve the issues in their case. This process allows the mediator to facilitate the process to assist all parties in reaching a mutually acceptable resolution.

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