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What Is a Collaborative Divorce?

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Individuals and couples considering divorce may wonder about different options concerning the divorce process and may have heard of collaborative divorce. The divorce process commonly lends itself to time, cost, and a variety of disputes. The family law and divorce process seek to help families resolve divorce-related issues and a collaborative divorce is one option that may help.

Divorcing couples may have wondered about what the collaborative divorce process entails. Couples may fall along a continuum when divorcing and many may be able to reach agreements concerning some divorce-related issues but may be unable to agree concerning others. Divorce-related issues that may lead to disputes can include child custody, child support, and property division concerns. The collaborative divorce process can help by providing a framework for divorcing couples to negotiate and resolve disputes through the problem-solving process rather than an adversarial process.

Collaborative divorce can result in more amicable and peaceful outcomes; however, it is a process both parties must be committed to. Both parties sign an agreement that the attorneys will withdraw from the case if the couple is unable to resolve it without the need for court. In general, the collaborative divorce process can have many benefits including reducing costs, time savings, and that it is conducted in an informal and private setting wherein information can be exchanged freely, openly, and honestly. The collaborative divorce process can also allow couples to determine how they will handle disputes that may arise following the divorce settlement.

The collaborative divorce process involves the divorcing parties and their representatives, and may also involve outside professionals, such as counselors or accountants, which can result in more desirable big-picture outcomes based on the needs and goals of the parties and their ability to compromise when necessary. The collaborative divorce process can help reduce stress and help divorcing couples more easily reach outcomes everyone can live with.

Source: Findlaw.com, “How Collaborative Law Works: FAQs,” Accessed Oct. 21, 2015

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