Collaborative Divorce is a matrimonial dispute resolution process in which both parties and their counsel commit themselves to resolving their differences fairly and equitably without the threat of court. It is a cost-efficient and respectful way of reaching a successful and effective agreement.
Collaborative method uses a team approach to identify interests of each spouse and the family in order to maximize options for resolving disputes. The Team usually includes the spouses, an attorney for each spouse, a neutral divorce coach who is a licensed mental health professional and a neutral financial planner. Collaborative Divorce is an innovative way of divorcing, developed as more and more couples have sought a respectful, non-adversarial process. Making the choice to divorce in the Collaborative Process, with the support of the Collaborative team, can have long lasting benefits for the entire family.
Both spouses and their attorneys sign an agreement that requires the attorneys to withdraw from the case if a settlement cannot be reached and the case goes to court. This is a basic protection for both parties as any threat to stop the process and choosing to go to court cannot be used as a threat or an ultimatum. Anything discussed during the collaborative process is confidential to that negotiation and cannot be used should the case go the process of litigation where both parties would have new attorneys in an adversarial process.