What is the process of Collaborative divorce?
The Collaborative Divorce Process, a private divorce or out-of-court settlement option, is designed as an answer to the adversarial nature of the court or litigation process while addressing the less favorable aspects of mediation. In the Collaborative Process you and your spouse each have an attorney who can advise you on your legal rights. The big difference is the attorneys in the Collaborative Divorce Process are there to help you reach an agreement on every issue and the attorneys have no financial incentive to go to a trial because you sign a contract stating your attorney won’t go to court and are 100% there to help you reach agreement outside of court. Both your attorney and your spouse’s attorney agree to model healthy respectful communication throughout the process. In fact, in the Collaborative Process attorneys abide by ground rules for communication which helps set the respectful tone for you and your spouse to communicate throughout the process.
The goal of the Collaborative divorce process is to help you and your spouse reach an agreement that makes sense given your unique financial, family and emotional concerns. In the Collaborative Process we take a holistic look at what is happening now and what will happen in the future to help build a long lasting agreement that will give you the tools to be successful long after your divorce is over. We also thoroughly go through financial and tax implications of any agreement you are considering.
The Collaborative Process also helps create a safe place to discuss and determine the best plan for your children moving forward. In the Collaborative Process the goal is to keep your children’s well-being at the center of the decision-making process while keeping them out of the center of your conflict. Much like a doctors oath is to “do no harm” to their patients the Collaborative Process provide the space for you and your spouse to “do no harm” to your children in this process. The Collaborative Process gives you and your spouse the tools to communicate about the children’s needs while ensuring the kids are not placed in the middle of the divorce sending messages back and forth between parents. Your children don’t have to be casualties of your divorce and the Collaborative Process can help you and your spouse create a process that ensures a safe place for them to process and be successful after the divorce is over.