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divorce divorceThe term "collaborative divorce" describes a way for a couple to get divorced without going through the contentious litigation process that often characterizes traditional divorce. The goal of collaborative divorce is for the spouses to work together — not against each other — to bring their marriage to a peaceful close and provide a plan for the future.
Lawyers Who Work To Reach an Agreement
In a collaborative divorce, each spouse is represented by a lawyer, whose job it is to help their clients come to an agreement that encompasses every aspect of their divorce. In a traditional divorce, the lawyers often strive to "win" everything they can for their clients, even if it's at the expense of the other spouse.
A Series of Meetings to Collaborate
A series of meetings is held at which the spouses and their attorneys work out the details of the divorce. If the couple has children, a "child specialist" professional may be called in to counsel the parents regarding how best to help the children deal with the divorce. In addition, a financial "coach" may be consulted to help sort out the couple's finances and make a plan for post-divorce finances. Both the child specialist and financial coach are neutral consultants — they do not "take sides" in the divorce.
A Final, Complete Agreement
The collaborative divorce culminates with a key document: the "participation agreement" that sets out the exact terms of the divorce. The division of assets, custody of children, and every aspect of the divorce are identified in this agreement, which is agreed upon and signed by both spouses. The attorneys then take this agreement to a family law court to have a judge review and 'sign off' on the divorce to finalize it.
The Collaboration May End
If, during the collaborative divorce process, either spouse decides that a traditional divorce is preferred, and he or she goes to court, the lawyers must withdraw from the case. The collaborative divorce lawyers cannot continue to represent their clients in a court/traditional divorce; this is agreed upon at the start of the collaborative divorce process. This is the lawyers' incentive to help their clients reach a complete agreement rather than "battle for the upper hand."
Collaborative Divorce: Benefits
The benefits of collaborative divorce include:
It's Not for Everyone
However, collaborative divorce is not for everyone. Some spouses cannot reach agreement on one or more aspects of their divorce, or they want to hurt the other spouse emotionally and/or financially. In other cases, spousal abuse, drug or alcohol addiction, gambling problems, or mental illness may present insurmountable obstacles to the collaboration.
Find a Collaborative Divorce Attorney in Your Area
If you feel that you and your spouse can come to an amicable agreement about the terms of your divorce, consult an attorney near you who is trained in collaborative divorce. An initial appointment with the attorney can answer many of your questions.
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