Collaborative divorce is a healthier alternative to litigation because it allows you and your spouse to negotiate the terms of your divorce rather than fight over them in court. It is a four-way meeting between the spouses and their respective lawyers but can also include the guidance of experts and professionals. The aim of the entire collaborative process is to allow the spouses to reach a divorce settlement agreement that is favorable to all parties involved in an amicable manner.
To remove the threat of litigation, the spouses pledge their willingness and commitment to collaborate by signing a participation agreement. The participation agreement legally obligates spouses to share all financial information and supplementary documentation.
Why choose a collaborative divorce?
It is an alternative dispute resolution method that encourages the divorcing couple to work together from the moment they file for divorce until they finalize the process. Although it can be challenging for former spouses to compromise, a collaborative divorce can benefit them in many ways. These include:
- Obtaining the support and expertise from relevant and experienced professionals
- Prioritizing the needs of the children
- Preserving the relationship
- Finding feasible solutions to divorce-related disputes
- Controlling the outcome of the divorce
- Focusing on the future instead of the past
You and your spouse will have a chance to express your sentiments and concerns about how the divorce affects you. The experts will hear you out and find a way to mitigate disputes in a way that is fair to all parties concerned.
The importance of an experienced collaborative team
Negotiating can take time, but your collaborative team is there to guide you every step of the way. Financial consultants can help with dividing your marital property equitably. Child experts can identify ways for you to co-parent effectively. Before finalizing a divorce settlement agreement, the lawyers will review the terms and conditions to see if it addresses all your needs and concerns.
A collaborative divorce can allow you and your spouse to realize what you really want from the divorce and discuss what you are willing to forfeit in exchange. It fosters open communication and mutual understanding.
