The Post-Divorce-Parenting Glossary

Divorced-Parenting Term

Collaborative Divorce

What is meant by a collaborative divorce?

Collaborative divorce is a way for divorcing couples to resolve disputes in a way that may reduce conflict during the divorce process.  While both parties must be represented by lawyers, in collaborative divorce, cooperative techniques are applied to help the affected parties resolve their conflicts.

In a collaborative divorce, no court proceedings can take place until negotiations between the divorcing parties have been completed.  The following bullets illustrate key concepts that exist in a collaborative divorce:

  • The lawyers representing the parties have a duty to help the parties reach an agreement.
  • There will be fair and effective communication as the process continues. Neither of the parties involved are supposed to take advantage errors made by another party.
  • If the divorcing couple has children, the spouses must consider what is in their children’s best interest.   This is aimed at promoting a good environment for the children and their parents, which will minimize the chances of the children experiencing emotional instability.
  • There is an option of obtaining neutral experts.
  • There should be no changes made to the insurance, assets, or any other sensitive matters.  Moreover, there should be a status quo especially if the divorce involves parents who had children.
  • Issues that have not been agreed upon will be settled by further negotiations by the parties involved.

If divorcing parties are interested in pursuing a collaborative divorce, then after discussing it with each other, they should each seek to hire a collaborative divorce lawyer.  They should explain to their attorneys what their motives and goals are.  It is the responsibility of the lawyers to:

  • Ensure that there are no mental health concerns or any type of barrier that will affect the divorce process.
  • Provide a drafted copy of participation agreements to the court.
  • Provide the parties involved all of the necessary details and procedures of their collaborative divorce.

If parents are attempting to partake in a collaborative divorce, there has to be respect and both of the spouses ought to act maturely during the litigations.  The children must be insulated from the negotiation process.

As long as the two parties are able to handle the process sensibly, collaborative divorce can be beneficial.

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