What is a Collaborative Divorce?

A collaborative divorce is one where each spouse is represented separately by a lawyer and the lawyers collaborate with their respective clients to achieve a divorce by agreement. This is distinct from the more widely known approach called contested divorce, where the resources of the clients and the attorneys are focused on actively litigating the case in court.

This approach to divorce requires a couple to have a joint goal: the successful and peaceful resolution of the marital issues without any or very minimal court intervention. Typically, the only court involvement is the approval of the final divorce settlement and the granting of the divorce decree in court with both parties approving the final terms of their agreement. This final proceeding is an uncontested proceeding.

One of the chief differences between a collaborative divorce and a contested divorce is the use of shared experts, in cases where an expert be needed. In certain cases, experts may be required, for example, to evaluate certain assets such as business interests or real estate. Typically, in a contested divorce, each side usually retains their own expert, often resulting in the doubling of the cost of such services. On the other hand, in collaborative divorce proceedings, the parties agree to engage one expert and to use that expert's report or recommendation to evaluate assets.

Collaborative divorce is quite often a preferable means of divorcing so long as the parties still have a reasonable ability to communicate and discuss the issues involved in the divorce. Sometimes, this approach may not be feasible, as in cases where the parties are still deeply embittered and hostile, or if there has been domestic violence. In such cases, protracted litigation and emotionally (and financially) draining court appearances are unavoidable.

Collaborative divorce involves special training on the part of the attorneys handling the matter. It is critical that the lawyers assigned to this type of divorce have both legal expertise as well as superior personal negotiating skills. Divorce attorneys accustomed to aggressive tactics in court are not normally well suited to handling the more diplomatic methods used in collaborative divorce cases.

Copyright © 2003-2008, Corinne Mullen. All rights reserved.