Collaborative divorce is a prominent non-adversarial divorce option. For decades if people were getting a divorce, they could expect to present their cases before a judge. Even if they largely agreed about how they wanted it to go, this environment naturally led to conflict. Today, however, an alternative is quickly growing in popularity. Collaborative divorce is a process where both parties (along with their attorneys) focus on finding common ground and completing the divorce with as little conflict as possible.
Entering a Non-Adversarial Collaborative Participation Agreement
A collaborative divorce begins when both parties sign a participation agreement. This agreement lays out the ground rules for all future discussions and agreements. While each contract can be unique, it will typically contain guidelines that help ensure the children’s best interests are put first and that the attorneys work toward an agreement between the two parties.
One of the most critical parts of the participation agreement is that if a settlement between the parties cannot be reached, both lawyers will withdraw from the process. This means that both parties must retain new representation for any litigation. This is important because it encourages the lawyers to focus on finding areas of agreement rather than conflict. However, for the couple getting a divorce, it means that if they can’t agree on things, they will have to start over with new attorneys, which will cost them a lot of time and money.
Dramatically Reduced Conflict
One of the biggest advantages of collaborative divorce is that it significantly reduces the threat of litigation. With this off the table, all parties can openly pursue areas of agreement and compromise. This supports the couple in putting aside old hurts and petty arguments and focusing on coming to a resolution that will be mutually beneficial.
Much Better for Children
Even more important than the reduced conflict (though it is a direct result of it) is that any children involved will be much better off. It is virtually impossible, even if parents work hard to hide the conflict from their children. Kids can sense this type of thing, especially during a divorce where emotions are already running high. A collaborative divorce allows the parents to work together to get through this process with as little impact on the children as possible.
Contact Us for a Non-Adversarial Collaborative Divorce
If you are looking for an experienced collaborative divorce attorney, please don’t hesitate to contact us. We can set up a consultation to discuss your situation and see how we can help you to get through your divorce quickly, affordably, and with as little conflict as possible.