Collaborative divorce is based on a pledge to reach an agreement without going to court. All parties consent in writing to be part of a respectful process that leads to an out-of-court resolution. The goal is to solve problems jointly and prevent a courtroom battle.

 

Increasingly, people are using the collaborative divorce process to resolve their family law disputes without resorting to the acrimonious win-lose tactics a court trial encourages.

If you are thinking about collaborative divorce, consider the following questions:

 

  • Do you prefer to stay out of court?
  • Do you have property to be divided?
  • Do you want input on a parenting plan?
  • Do you wish to avoid the expense of court-mandated hearings and trials?
  • Do you prefer to keep your dirty laundry private?
  • Do you want to keep your divorce civil and avoid the stress that goes with it?
  • Do you prefer to be supported by a team of experts whom you hire only when you need them?
  • If you answered "yes," collaborative divorce may be right for you.

 

 

 

 

 

 

Collaborative divorce is based on a pledge to reach an agreement without going to court. All parties consent in writing to be part of a respectful process that leads to an out-of-court resolution. The goal is to solve problems jointly and prevent a courtroom battle.

Characteristics of Collaborative Divorce

Unlike a traditional court divorce, a collaborative divorce:

 

  • Is client-centered;
  • Is non-adversarial;
  • Is team-based;
  • Allows you the freedom to decide how to resolve your case;
  • Supports your becoming educated and fully informed;
  • Is cost-effective;
  • Is private; and
  • Gives you immediate access to specialists and experts, as needed.

 

Each party works side-by-side and is supported by his or her attorney in a roundtable approach with all representatives working toward a resolution. The parties may also decide to use a divorce coach with mental health experience who works toward resolution options.

In a collaborative divorce, financial specialists, business appraisers, child specialists, and other experts will stand by to help as needed with specific issues, instead of being put on constant retainer. This helps keep costs down.

To schedule a consultation with Canejo Valley collaborative divorce attorney Lisa R. Zonder, call (866) 632-6459.

The Collaborative Divorce Meeting

A collaborative divorce meeting is generally set to last one to two hours. It usually involves the following steps:

1. Appoint a member of the team to take minutes.

2. Educate the parties about the collaborative divorce process.

3. Allow the parties to voice their concerns without rehashing the past.

4. Create an agenda of issues to be discussed. This will keep the discussions focused and efficient.

Lawyers are encouraged to listen more and talk less. To optimize the experience and increase everyone's comfort level, consider sitting around a round table and offering beverages and light food.

Advantages of Collaborative Divorce

Collaborative divorce has several advantages over a court or mediated divorce:

 

  • No court or other intervention is involved.
  • Your counsel represents you through the entire process, not just as a consultant once the agreement is done. The settlement leads to a written agreement that lawyers have been negotiating the entire time.
  • Unlike mediation, you do not have to take the written agreement to your consulting attorney only to have the deal blow up because of a point you failed to consider.
  • Lawyers who participate in collaborative divorce are motivated to close the deal and fine tune their win-win settlement skills.
  • A core feature of collaborative divorce is the idea that parties and their attorneys work as a team. The team may also include neutral experts.
  • Each party timely serves their financial disclosures and informally produces documents upon request.
  • Power imbalances are equalized with the help of the team.
  • Co-parenting issues can be decided in a manner that promotes caring, loving, and involved relationships between parent and child.

 

 

 

 

 

 

 

 

If you are interested in a collaborative divorce or To schedule a consultation with Canejo Valley divorce mediation attorney Lisa R. Zonder, call (866) 632-6459.