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What Is a Collaborative Divorce?

December 2 2011

What Is a Collaborative Divorce?

Divorce is a difficult and often drawn-out process that can leave couples emotionally scarred. An alternative to the traditional approach to divorce is a collaborative divorce. This is a process that can be much shorter and save both parties many expenses.

A collaborative divorce involves both parties hiring an attorney who practices collaborative law. Both parties along with their respective attorneys will sign a divorce agreement that allows them to negotiate fully through a series of meetings. The meetings are often held with the assistance of professionals like custody evaluators for children involved in the marriage, appraisers for property and accountants.

If collaboration cannot be obtained then both parties will need to follow the traditional means of divorce. A collaborative divorce can offer many benefits, not the least of which is monetary savings because the process is a bit shorter and requires fewer court costs. Both parties have to agree to work together in order to end the marriage and come to an agreement about property, child custody and other aspects.

A collaborative divorce is not right for all couples who are ending their marriages. Sometimes there simply is no negotiation to be found and couples will need to follow the traditional divorce route. For couples who are seeking an amicable separation however, a collaborative divorce can be very beneficial. Divorcing couples are much more likely to benefit from a collaborative divorce when both are in agreement to end the marriage. This is a completely separate process from mediation and arbitration and has to be considered carefully.

If you feel that you and your spouse can agree completely on the divorce, collaboration may be the best way to handle the ending of your marriage. You will need to seek the advice of an experienced attorney in this field who can help you to determine if this is the best route for you.

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