ADVISORY HIGHLIGHT
Understanding Collaborative Divorce
A divorce does not need to be lengthy or negative . By working with neutral and supportive trained professionals throughout the process , a couple may be able to dissolve their marriage quickly and amicably through a collaborative divorce .
How Collaborative Divorce is Different
A collaborative divorce is a legal process encouraging both parties to work together from beginning to end . Before the process is started , both parties and their legal counsel sign a participation agreement to reach a settlement without going to court . The couple consents to full disclosure of information and to remain respectful of each other throughout the process .
During a series of meetings with both parties ’ attorneys , the couple works together to reach an equitable settlement . Depending on the situation , other collaboratively trained professionals may attend the meetings . These experts may include financial professionals , mediators , accountants , appraisers , mortgage lenders or other valuable experts . In addition , both parties can opt to have a personal advisor , such as a psychologist or other mental health professional , otherwise known as a divorce coach or facilitator . This person assists with managing the emotional ups and downs of the divorce process , as well as supporting the team of collaborative professionals in holding organized and productive meetings .
If either party decides to abandon the collaborative divorce process or act in an adversarial way preventing an amicable settlement , all members of the collaborative divorce team must resign from the case . For example , an attorney representing a client in a failed collaborative divorce matter would not be able to then represent the client in a typical divorce proceeding . This clause in the original participation agreement acts as a powerful incentive to continue the often-challenging route of crafting a settlement that feels fair to all parties . It is worth noting , an attorney or other collaborative professional representing a client in a standard divorce proceeding , can represent the same client if both parties agree to enter the collaborative divorce process instead .
06 | VIEWPOINTS : ISSUE 1 2024