What is collaborative divorce and how does it work?

Collaborative law divorce is an alternative to the traditional divorce process that may benefit the divorcing couple as they sort out divorce-related issues. Collaborative law divorce can be a more efficient and less emotionally and financially costly approach to divorce.

What is collaborative law divorce?

Collaborative law divorce is a type of alternative dispute resolution that serves as an option for divorcing couples to consider rather than a traditionally-litigated divorce. Collaborative law divorce occurs out-of-court and provides a collaborative structure that allows the divorcing couple to work together in a solutions-based approach to their divorce.

How does collaborative law divorce work?

The collaborative divorce process is based on a written agreement between the parties to work together fairly and transparently to resolve their divorce-related concerns. Divorce-related concerns that can be resolved through collaborative divorce can include property division, child custody, child support and other divorce-related concerns.

If the collaborative divorce process breaks down, and the divorcing couples decides to litigate their divorce in court, the representatives of both parties must withdraw according to the collaborative divorce agreement. During the divorce process, experts such as financial or counseling experts may be engaged to help the divorcing couple reach a divorce settlement agreement.

 What are the benefits of collaborative law divorce? 

• Takes less time and money – Because the collaborative divorce process is focused on problem solving, it can be less contentious, less costly and less time-consuming than divorce court which is typically a more adversarial process.
• Provides a framework for later – Because the collaborative divorce process requires the divorcing couple to work together, it can provide a framework to resolve disputes down the road and modifications to the settlement agreement that may be needed.
• More private and peaceful – Because of the nature of the collaborative divorce process, it can be more private and less acrimonious which can also be beneficial for any children involved in the divorce.

 Collaborative law divorce takes a cooperative approach to the divorce process that requires a commitment from both spouses to work together. Divorcing couples who think they can work together during their divorce, may benefit from the collaborative divorce option which is something for them to consider.