Collaborative Divorce: That Alternative You Never Heard Of

One of the Ways to End a Marriage Without Litigating

by Michael Heath

Everyone knows what traditional divorce is. Spouses hire lawyers to fight for them and hammer out a deal. If that does not work out, the couple ends up in court. Divorce mediation is a cooperative approach where the couple sits with a neutral third party to work toward solutions that leave both spouses satisfied with the results. Are there any other ways to end a marriage? Fortunately, the answer is yes. One of those approaches is collaborative divorce.?

What Collaborative Divorce Is

Collaborative divorce is like mediation in that it is a solutions-based approach. The couple works through the issues by focusing on the underlying interests (concerns, needs, desires, and fears) instead of holding firm on positions. Rather than three-way sessions run by a mediator, collaborative divorce utilizes four-way meetings where each spouse is joined by their collaborative attorney. Collaborative attorneys are specially trained in the collaborative law process and unlike litigators, come into the private meetings with a cooperation-type mindset. These lawyers do not advocate for their clients like a litigator does, but instead provide legal clarity and guidance in creative problem solving. Their attendance at negotiation sessions helps decrease any imbalance of power. Just like in mediation, the spouses negotiate for themselves, leaving all the decision making in their control.

There are cost efficiencies and duplication avoidance built into the procedures. Unlike litigation, a professional who may be brought in to advise on a particular issue is shared. The same is true with the discovery process where both spouses work from one document file. The whole collaborative process takes far less time than litigation, which reduces legal costs.

To incentivize success, all four parties sign a participation agreement stating that if the process fails neither attorney can represent their client in litigation.

Summarizing Advantages of Collaborative Divorce

There are several reasons why a couple may consider using the collaborative divorce model to end their marriage:

·??????? By working together, the process tends to be more amicable

·??????? Procedures contain built-in cost efficiencies

·??????? Couple remains in control

·??????? Specially trained collaborative attorneys provide guidance and legal clarity

·??????? Process takes less time than litigation

·??????? Sessions are held privately

·??????? Legal representation in meetings lessens any imbalance of power

Divorce litigation is a long, expensive process that often exacerbates already simmering emotions. Collaborative divorce is a way for spouses to control their future with the real-time support of legal counsel. The benefits of using this approach provide much for couples in a failed marriage to consider.