Collaborative divorce draws on the best of mediation and traditional litigation with both you and your spouse and your respective attorneys committing to resolving the terms of the divorce out of court.
Collaborative divorce is a client-centered approach where parties and their attorneys agree to negotiate the terms of the divorce in a series of team meetings rather than referring disputes to a judge. In many instances, parties in collaborative divorce work with the assistance of jointly hired financial, mental health or other neutral advisors to help resolve disputes.
In a collaborative divorce, you and your spouse are each represented by a specially trained attorney who acts as your individual advisor, helps you understand all legal and financial issues and helps you to understand and explain your needs and concerns to your spouse and other team members. Collaborative attorneys are trained in the techniques of collaborative law and committed to an open and informal exchange of financial and other information as well as a respectful and non-confrontational style of negotiation.
There are three principals to collaborative divorce:
- A pledge not to go to court.
- An honest exchange of information by both spouses.
- A solution that takes into account the highest priorities of both spouses and your children.
This approach works well if you like the idea of mediation but feel the need for a personal advocate (your attorney). It is also recommended if you have a complex financial situation that would benefit from the advice and experience of attorneys and also from the assistance of other professionals, such as financial planners, medical experts, therapists, educational experts, etc. I have written many articles related to collaborative divorce that discuss collaborative divorce and the process in more detail. I invite you to spend some time reading these articles.
If you feel your case could be a candidate for collaborative divorce, please contact me at 978-356-2934 extension 12.