The Collaborative Process refers to a method of resolving the various issues related to a divorce in a more cooperative and less adversarial manner. It involves both spouses, working together to reach agreements on matters such as property division, child custody, spousal support, and more. The goal of the collaborative process is to minimize conflict and the emotional toll of divorce, while still achieving a fair and mutually acceptable resolution.
The general steps involved in the collaborative divorce process include both spouses agreeing to amicably discuss the their goals, and the potential benefits of working collaboratively. Once both spouses agree to pursue the collaborative process, they work with Collaboratively trained neutral professionals. This team typically includes financial experts, a neutral facilitator (often a mental health professional), and collaborative attorneys.
The spouses and their collaborative team members hold joint meetings to identify the issues that need to be addressed in the divorce, gather relevant information, and establish the groundwork for discussions. Through a series of meetings, the collaborative team helps the spouses work through the various aspects of their divorce, such as property division, child support, alimony, and any other relevant matters. The focus is on open communication, respectful dialogue, and finding mutually acceptable solutions.
As agreements are reached on various issues, a collaborative settlement agreement is put together. These documents are then reviewed by each party and their respective attorneys to ensure accuracy and clarity. Once all issues are resolved and both parties are satisfied with the terms, the final legal documents are submitted to the court for approval. The collaborative divorce process aims to make this step relatively straightforward, as the parties have already reached agreements outside of a courtroom setting.
During the Collaborative Process, if either party decides to abandon the collaborative process and pursue traditional litigation, the entire collaborative team are disqualified from representing the parties in court, which can provide an incentive to continue with the collaborative approach.
Collaborative divorce can be a more amicable and less stressful way to navigate the challenges of divorce, fostering a sense of cooperation and reducing the emotional strain on both parties and their children, if any. The success of the collaborative process relies heavily on the willingness of both spouses to work together and compromise.