Collaborative Divorce is an innovative and structured approach to resolving family disputes without the need for court intervention. This method prioritizes transparency, mutual respect, and creative problem-solving, allowing divorcing couples to settle their issues in a private and non-adversarial setting.
What is Collaborative Divorce?
The Collaborative Divorce Team
- Each spouse’s attorney: Engages in interest-based negotiation on behalf of their client and the collaborative team while helping to foster a cooperative environment.
- Neutral communication facilitator: Often a licensed mental health professional who facilitates respectful and productive communication between the clients and the team at-large.
- Neutral financial professional: A financial expert who organizes and analyzes the couple’s financial circumstances to assist in creating an agreeable division.
The Collaborative Divorce Team
- Each spouse’s attorney: Engages in interest-based negotiation on behalf of their client and the collaborative team while helping to foster a cooperative environment.
- Neutral communication facilitator: Often a licensed mental health professional who facilitates respectful and productive communication between the clients and the team at-large.
- Neutral financial professional: A financial expert who organizes and analyzes the couple’s financial circumstances to assist in creating an agreeable division.
The family law lawyers of Scroggins Law Group are here to advocate for you.
How Does Collaborative Divorce Work?
The process involves a series of private, structured meetings aimed at addressing specific issues like parenting plans, asset division, and financial arrangements. Key features include:
- Open Communication: Both parties commit to honest disclosure and respectful dialogue.
- Focused Meetings: Agendas are pre-planned, and the pace is set according to the clients’ needs.
- Neutral Expertise: Professionals, such as therapists or financial advisors, can be brought in to provide clarity and resolve conflicts.
- Full Disclosure: Both parties must provide complete transparency regarding assets, debts, and other relevant information.
The ultimate goal is to create a comprehensive and mutually acceptable agreement that reflects the family’s unique needs and circumstances.
Why Choose Collaborative Divorce?
Collaborative Divorce offers several distinct advantages:
- Privacy: All discussions and agreements remain confidential.
- Control: Spouses retain decision-making power over their outcome instead of the court.
- Flexibility: The process is tailored to the couple’s schedules and emotional readiness.
- Child-Focused: Parents create agreements that prioritize their children’s well-being with the assistance of the Mental Health Neutral and/or other child-focused neutrals brought into the case.
- Cost-Effective: By avoiding litigation and streamlining the process into a series of meetings, couples often save time and money.
Common Questions About Collaborative Divorce
What if we can’t agree on an issue?
Neutral professionals and attorneys may help resolve conflicts. The clients and their team have the ability to create incredibly customized agreements to meet their specific needs. In the unlikely scenario that an agreement cannot be reached, the collaborative process ends, and both spouses must retain new attorneys for litigation.
Is Collaborative Divorce suitable for high-conflict situations?
Yes. The structured nature of the process and the involvement of neutral experts can help manage and reduce conflict effectively. The process may also include extra safeguards to ensure clients feel comfortable moving forward, despite the nature of their dispute.
How long does the process take?
Most cases resolve within four to six sessions, though timelines vary based on complexity and cooperation.
Can Collaborative Divorce work for child custody disputes?
Absolutely. Collaborative Divorce is particularly effective for creating tailored parenting plans that suit both the parents’ and children’s needs.
Collaborative Divorce empowers families to navigate the challenges of divorce with dignity and respect. If you’re considering this approach, consult an experienced Collaborative Divorce attorney to learn how this process can work for your family’s unique circumstances.
