A few fictions about collaborative divorce.
- You only need one lawyer when doing a collaborative divorce. FICTION!
Each spouse requires a collaboratively trained attorney to do divorce via the collaborative process.
- If two spouses are cooperative, settle their case, and do not litigate against one another, they’ve had a collaborative divorce. FICTION!
For a divorce to be done through the collaborative process, divorcing spouses must enter a collaborative participation agreement, in which they agree to be open and honest, to utilize interest based negotiations, to commit to finding a resolution that is in the best interests of their families, and that their lawyers will be settlement counsel only.
- Collaborative Divorce is cheap. FICTION!
It would be more accurate to say most of the time the collaborative process is less costly than going to court, both monetarily and psychologically, and that the spouses receive a better value for the money that they spend.
- If spouses hit a roadblock in their talks, their only way around it is to go to court. FICTION!
When necessary, mediation, arbitration, and other forms of dispute resolution, besides litigation, can be used to help a couple get passed a stalemate on a particular issue.