Divorce Dex.com: Collaborative Divorce

Home

Term Search A-Z

QDRO Preparation - QdroDesk™ is an industry proven online service providing an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs).

Online Divorce - With or without children, 123DivorceMe.com is the fastest, easiest, and most affordable way to file your own uncontested divorce.

Online Parenting Class - Avoid the hassle of completing the mandatory course by taking the "Positive Parenting Through Divorce" class online.

Definition Collaborative Divorce - a less costly, litigation-free way of settling disputes by which two parties agree in writing not to use court action.

Application in Divorce In collaborative law, lawyers act as negotiators, not litigators. Collaborative law is not adversarial. If an agreement cannot be reached, new counsel is retained to litigate. See Alternative Dispute Resolution (ADR).

With Collaborative Law, the ultimate goal is to reach a settlement over the following issues, but not limited to, support, alimony, custody, property and debts, in your divorce matter without going to Court. Each spouse is represented by his or her own Collaborative attorney. The attorneys and spouses agree, in a written contract, to share all financial and other pertinent information relevant to the divorce without claiming confidentiality. This vital element of the process is what makes the collaborative divorce settlement process so unique. Since each spouse is willing to cooperate and share this information the time in which the attorneys must do extensive research and actually investigate the financial situation of the marital estate is drastically diminished, which decreases the legal costs and the actual time line of the divorce procedure.

Each spouse also agrees, in writing, with his or her own attorney that if the matter cannot be settled, the attorney will withdraw from representation and the spouse will have to hire a new lawyer to litigate the case. If the divorce does turn for the worse, there is a conflict in interest. A Collaborative lawyer typically does not participate in litigious cases. (The requirement of getting a new lawyer also does a great job of keeping both spouses on target about a collaborative settlement.)

The spouses and attorneys meet as many times as necessary to completely resolve all the matters at hand. The more complex the case, the more times the spouses and attorneys will have to meet.

Your Suggestion

Questions & Answers

What are some of the benefits of collaborative divorce?

A collaborative divorce is much cheaper than a traditional, adversarial divorce, even including the cost of a collaborative divorce team. Since the couple will negotiate the issues during the collaboration, time is not spent arguing under the formal rules of court. It is generally faster than traditional litigation. Not only will a couple be able to schedule a collaborative divorce session many months before their case would come to trial, but the sessions themselves generally take less time than a case in court. Collaborative divorce is much less emotional and less chaotic than a traditional divorce, while being a little more structured than a mediation.

Contributed on 8/21/2007 by: Divorce Source, Inc. Allentown, PA [Total Contributions: 60]

Category: Collaborative Law (Applicable in All States)

Who all is involved in a collaborative divorce?

Ideally, there is the "collaborative divorce team," which consists of the divorce coach, who acts in much the same way as a mediator, to facilitate discussion and defuse highly charged issues; the child specialist, who helps children express their concerns while providing the parents information; the financial specialist, who assists the participants with the financial aspects of divorce; and the lawyers who have with experience in collaborative law. The team works together to resolve legal problems (not all these professionals are required to proceed with the collaborative law solution).

Contributed on 8/21/2007 by: Divorce Source, Inc. Allentown, PA [Total Contributions: 60]

Category: Collaborative Law (Applicable in All States)

Contribute Question/Answer

Helpful Tips & Facts

Choosing the Collaborative Approach to Divorce
Keep in mind that this type of legal approach is obviously not applicable to all divorce matters. However, when employed in the appropriate case, the Settlement Agreement reached is almost always more satisfactory and effective to both spouses, because each has had a full opportunity to be a part of the developmental stages of the final outcome.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Collaborative Law (Applicable in All States)
The Collaborative Divorce
Longer and slower than mediation, a collaborative divorce is still cheaper than litigation.

Contributed on 6/20/2007 by: DivorceDex.com Staff
Category: Collaborative Law (Applicable in All States)

Contribute Tip/Fact

Additional Resources

International Academy of Collaborative Professionals

Divorce Mediation and Collaborative Law: Sibling Rivals, or Just Siblings?

If a paradigm is a way of looking at matters, and a paradigm shift is a change in how we approach a problem, over the last decade, there has been a paradigm shift in family law. Increasingly, family lawyers and litigants have been looking to alternative dispute resolution to explore settlement options and negotiate agreements more efficiently and effectively, with the assistance of a neutral third party (or parties).

When Should You Choose Collaborative Divorce

There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Masschusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome.

Collaborative Law: Divorce Without War

Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "trouble shoot and problem solve" rather than to fight and win.

Collaborative Divorce - A Healthier Alternative

Like other alternatives to the traditional litigated divorce, collaborative divorce is a more dignified way of separating that allows the spouses, the children, and even the assets, to emerge healthy.

Report Broken Link

Find Divorce Professionals We have an ever-growing list of divorce professionals that contribute to DivorceDex.com. To view a list of professionals in your area, please select your state: ALERT: If you are a divorce professional (attorney, mediator, counselor, financial planner, etc.) generating new clients by joining the directory is easy and free.

Due to the possibility of unanticipated or unexpected changes in state statutes and related case law the information contained on this page and/or with in this online divorce information index, the owners and any and all persons or entities involved in any way in creation and management of the website and service disclaim all responsibility for the legal effects or consequences of the interpretation or use of the information provided in any way. Those individuals that are in need of legal advice are encouraged to contact a lawyer. You may locate a lawyer in our Find Professionals Area.

Terms & Conditions | Contact Us | Link to DivorceDex

Divorce Source, Inc.
You may reproduce materials available on this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. Violation of this notice may result in immediate legal action.