What is Collaborative Divorce?
Collaborative divorce is an alternative dispute resolution process that aims to minimize conflict and maintain respectful communication during divorce proceedings.
In collaborative divorce, both parties and their divorce attorneys agree to resolve the divorce outside of court. The process emphasizes cooperation and finding mutually beneficial solutions, fostering a more amicable outcome.
How Collaborative Divorce is Different from Mediation
When you choose collaborative divorce, each spouse retains their own attorney and may also work with specialists, such as a financial advisor or a mental health expert. During a mediation, a neutral third-party (mediator) guides the part to reach an agreement that is mutual and amicable.
Collaborative lawyers are advocates versus neutrals, as they are in mediation. The next section gives you more information about how collaborative divorce process work.
How Collaborative Divorce Works
In collaborative divorce each of the divorce attorneys are trained in collaborative law techniques. They focus on problem-solving, communication, and finding solutions that serve the best interests of the entire family.
Ensuring Collaboration
An agreement, signed by all parties, outlines that if the process breaks down and litigation becomes necessary, the collaborative divorce attorneys cannot represent their clients in court. The parties must find new attorneys. This provision encourages all participants to fully commit to the collaborative process.
Who May Be Part of the Collaborative Team
The collaborative team may also include other professionals, such as financial advisors, child specialists, and communication coaches. These professionals provide experience and guidance to help the parties reach a fair settlement.
What is the Goal?
The process often involves meetings where parties discuss issues, share information, and explore options. The goal is to reach agreements through negotiation and compromise.
The Benefits of Collaboration
Benefits of collaborative divorce include reduced stress, lower costs, and more control over the outcomes. The collaborative approach can also preserve relationships, which is especially important when children are involved. Because the entire process is confidential, parties feel freer to discuss sensitive financial and personal information.
The Emphasis is on Agreement
Collaborative divorce offers a dramatically different, and perhaps more civilized, way to end a marriage. Moving away from the traditional adversarial approach, collaborative divorce emphasizes problem-solving, focusing on the real needs of everyone in the family.
The cornerstone of collaborative divorce is a participation agreement signed by everyone involved. Again, this agreement includes a “disqualification provision” requiring lawyers to resign if the case goes to court. This provision changes the whole dynamic, aligning everyone toward settlement.
An Interdisciplinary Team Approach
What really sets collaborative divorce apart is the interdisciplinary team approach. Instead of pitting competing experts against each other, collaborative teams usually include neutral professionals hired jointly.
A financial specialist helps with the money side, a child specialist brings in expertise on developmental needs and parenting, and mental health pros help manage emotions and improve communication. It may also be beneficial to include a mediator and arbitrator.
The collaborative process unfolds through a series of meetings, usually with different combinations of team members. Early sessions often focus on what everyone wants and needs.
Keeping the Matter Private
A collaborative divorce shines in its ability to keep things private. Unlike a regular court, where your dirty laundry gets aired for everyone to see, collaborative divorce keeps your financial and personal stuff under wraps. This is especially helpful if you’re a business owner, someone in the public eye, or just value your privacy.
What You Need for Evidence: An Informal Approach
In a collaborative divorce, evidence works a little differently. It’s not like a traditional court-based divorce. In a traditional divorce process, “discovery” is a formal process before the trial.
This phase requires both spouses to share pretty much everything they’ve got, enabling everyone to understand what’s coming and preparing accordingly. The evidence involves evidence like documents like tax returns and mortgage statements.
Collaborative divorce takes a more relaxed approach.
Because a collaborative divorce is an informal process, neither spouse must hand over any information they don’t feel like sharing. It’s completely voluntary. You can ask for specific documents, but there’s no requirement for your spouse to provide them.
Technically, you don’t need to present any evidence at all in a collaborative divorce.
However, not producing evidence will not get you very far. That’s why trust is the foundation of a collaborative divorce. Each party must be willing to cooperate. If one of the spouses is difficult and refuses to provide essential information, negotiations will stall.
While there’s no strict legal obligation to share documents, it’s generally in your best interest to do so. Otherwise, the whole thing could collapse, and you could end up back at square one, facing a divorce trial – someone who chooses a collaborative divorce or mediation wants to avoid it.
Again, one major advantage of this collaborative approach is that the information shared stays confidential. The evidence exchanged in a collaborative divorce is more confidential, actually, than what’s presented in a litigated divorce case.
What’s discussed and shared between spouses and their lawyers remains private. Nothing becomes part of the public record, which, of course, as mentioned, is not the case in a traditional divorce.
This is a huge relief, especially if there’s sensitive or potentially embarrassing evidence involved, like, say, infidelity. Even seemingly innocent documents, like income statements, might be something you prefer to keep private, particularly if you’re well-known in the community. Most people benefit from keeping those matters private, as it is less complicated.
Support After the Divorce
It’s easy to forget about the support you might need afterwards. The divorce is final, but collaborative divorce has you covered. The whole team is there to help you sort out any questions or bumps that come up as you put your agreement into practice. This way, small misunderstandings don’t turn into big fights.
Speak with a Collaborative Divorce Lawyer Today
Speaking with a collaborative divorce lawyer can help you figure out if this type of divorce is the right path for you. Couples considering divorce might consider exploring this option. Learn more about this divorce process and contact a family lawyer in Phoenix, AZ now.
