What is a Collaborative Divorce?



Posted: Saturday, November 07, 2009

by
Your Friendly Divorce

A collaborative divorce is a divorce where each spouse is represented separately by a lawyer and the lawyers collaborate with their respective clients to achieve a divorce by agreement. This is distinct from a contested divorce, where the resources of the clients and the attorneys are focused on litigating the case in court. Collaborative divorce requires a couple to have a joint goal: successful and peaceful resolution of the marital issues without court intervention. Typically, the only court involvement in a collaborative divorce is the approval of the final divorce settlement and the granting of the divorce decree in court with both parties approving the final terms of their agreement. This final proceeding is an uncontested proceeding.

One of the chief differences between a collaborative divorce and a contested divorce is shared experts, should an expert be needed. In certain cases, experts may be required, for example, to evaluate certain assets such as business interests or real estate. In a contested divorce, each side usually retains their own expert, often doubling the cost of such services. In collaborative divorce proceedings, the parties engage one expert and agree to use that expert's report or recommendation to evaluate assets.

Collaborative divorce is a preferable means of divorcing so long as the parties still have a reasonable ability to communicate and discuss the issues involved in the divorce. Many times, if the parties are still deeply bitter, or if there has been domestic violence, a collaborative divorce may not be able to proceed immediately.

Collaborative divorce involves special training on the part of the attorney handling the matter. Couples pursuing this option must make sure that the attorneys they retain have received proper training and have successfully engaged in the collaborative divorce process.

Copyright 2003-2008, Corinne Mullen. All rights

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Top-level comments on this article: (1 total)
» left by Serge M Botans
 2 years 94 days ago.
8 fans.
wow ... did not know that divorces could be done that way ... so many divorces seem to be about punishing and taking it out on the other party when really it shouldn't be as they did love each other once ... i hope this type of divorce really takes off
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