The Collaborative Divorce Process

The Collaborative Divorce process is a way to address the issues arising out of a divorce proceeding without the traditional litigation model. The Collaborative process uses a team approach to help the parties reach a settlement agreement without the need to go to court. The team consist of each party’s attorneys, a neutral financial advisor and a mental health provider, if needed.

In the traditional divorce litigation, much time is spent in financial discovery trying to determine the parties’ finances.  Working with a neutral financial advisor, as a team, helps the parties reach a prompt settlement agreement.

Likewise, when there are significant custody disputes, working with a neutral mental health provider as a team helps the parties reach a settlement agreement that is in their children’s best interest.

The Collaborative divorce process is voluntary and both parties must enter into a participation agreement agreeing to participate in settlement discussions with the help of the neutral third parties.

In the event that the parties are unable to reach a settlement agreement, the collaborative divorce counsel will withdraw from the case allowing the parties to retain counsel to proceed with the litigation.

Uncontested divorces are often referred to as simple divorces because the spouses can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the courts and are less expensive than contested divorces.

Most couples would probably express a preference for uncontested divorce because of its speed, simplicity, convenience, and inexpensiveness.

The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, they must go to court to arbitrate their dispute.Some sensitive topics that lead to a contested divorce are child custody, child support, asset distribution, property division, temporary spousal support, debt allocation and alimony.

The contested divorce is the type in which the spouses cannot arrive at an agreement on one or more key issues in order to conclusively terminate their marriage. When spouses cannot arrive at an agreement, they must go to court to arbitrate their dispute.Some sensitive topics that lead to a contested divorce are child custody, child support, asset distribution, property division, temporary spousal support, debt allocation and alimony.