Family Law Blog

What Is a Collaborative Divorce?

Wednesday, July 08, 2015

A collaborative divorce is a divorce that is not contentious or contested. In this kind of divorce, the couple will agree to meet with each other, possibly with their attorneys present in order to hash out issues.

A collaborative divorce will help end the marriage without any contentious issues being taken to court. The couple may in some cases involve a mediator, to help them come to resolution of any disputes if these exist. Typically however, these divorces are ideally suited for those marriages or divorces in which the spouses expect to resolve all issues without any hostility.

When there are children involved, the parents do not want to put them through a traumatic or long drawn-out divorce battle. For obvious reasons, they want to settle all issues related to the divorce with as little stress and trauma on the children as possible. A collaborative divorce, therefore, will allow the parties to reach an agreement that is in their mutual best interests, while prioritizing the children.

In a collaborative divorce, the parties will have control over the process, because they're involved in making decisions, instead of deciding to trust the court to make the decisions for them. However, there are certain key requirements that must be in place for a collaborative divorce to work. Both of the spouses must agree right at the outset, that they will not choose the litigation route to resolve their disputes. If both of the parties are mutually agreeable about the need to avoid litigation, a collaborative divorce can work. Besides, it is also important to seek out attorneys, mediators, and possibly even psychological health professionals in order to help you resolve the disputes.