If you and your spouse seek to avoid a court battle, to divorce with dignity, and to spend fewer of your resources, the Collaborative Process may be a good option for you. In a Collaborative Divorce, spouses work to negotiate a settlement and maintain an atmosphere of respectfulness and cooperation.
WHEN SPOUSES COMMIT TO THE COLLABORATIVE PROCESS, THEY:
WHEN SPOUSES COMMIT TO THE COLLABORATIVE PROCESS, THEY:
- Sign, along with their attorneys, an agreement not to litigate, removing the "see you in court" option from the table. If spouses do not reach a settlement, both attorneys must withdraw from the case.
- Seek a fair and practical divorce agreement, which will forge a peaceful ongoing relationship between them and create an environment of stability for themselves and their children.
- Maintain open communication and share information fully, financial and otherwise.
- May work with financial experts, who provide guidance about dividing assets fairly and establishing appropriate support.
- May work with mental health professionals, who serve as communication coaches and/or assist in establishing an effective parenting plan.
- Reduced hostility. - The guiding principle of Collaborative Practice is respect. This respectful tone encourages you to show compassion, understanding, and cooperation, and to negotiate a mutually beneficial agreement.
- Less pain for children. - Divorce impacts children. It changes who they are. The Collaborative Process recognizes this and seeks to minimize divorce's negative effects. Parenting plans seek to preserve healthy attachments and the emotional well-being of the family.
- Reduced cost. - The Collaborative Process, generally, costs less, financially and emotionally, and takes less time than a litigated case.
- Control. - Spouses control the outcome, instead of a judge determining their fate.
- Confidentiality. - Proceedings are confidential, to ensure that all options can be safely considered and discussed.
HELPFUL PUBLICATIONS:
- Collaborative Divorce: The Revolutionary New Way to Restructure Your Family, Resolve Legal Issues, and Move on with Your Life by Pauline Tesler and Peggy Thompson (2007).
- The Collaborative Way to Divorce : The Revolutionary Method that Results in Less Stress, Lower Costs, and Happier Kids -- Without Going to Court by Ron Ousky and Stuart Webb (2006).
