Free Divorce Information

Divorce can be difficult enough as it is but when you add a lengthy legal process and court proceedings into the mix it gets even more difficult and stressful. For this reason more and more couples are looking to the collaborative divorce process as a way to dissolve the marriage quickly and without going to court. In this article we will define the collaborative divorce, explain the advantages and disadvantages of this type of divorce and also provide some insight into how the process works.

The Definition of a Collaborative Divorce

A divorce which is resolved collaboratively is essentially tantamount to an uncontested divorce. However, all this basically means is the couple was able to agree on all of the terms of the divorce without going to court. It does not, however, mean there were not any legal representatives involved in the process. During a collaborative divorce both parties have specially trained attorneys who works with them throughout the process.

The purpose of the specially trained attorneys is to help the couple reach agreements on all of the terms of the divorce. The attorneys not only provide counsel but also serve as mediators when the couple is differing over certain issues. Through this mediation the attorneys can develop a compromise which is mutually beneficially.

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Advantages and Disadvantages of Collaborative Divorce

The major advantage to collaborative divorce is it can be completed much more quickly and less expensively than a divorce which goes to trial for a ruling from a judge. Some collaborative divorces are finalized in as little as a few hours while some drag on longer than divorce proceedings which go to trial.

The major disadvantage to a collaborative divorce is it does not work for couples who are not willing to compromise. Failing to agree on even one term of the divorce can prevent a couple from being able to benefit from the collaborative divorce process.

It also does not work well for couples who do not communicate well with each other or with their attorneys. This difficulty in communication can make it extremely hard to reach a compromise because neither party is able to convey their position clearly.

How Collaborative Divorce Works

The collaborative divorce process begins with both parties finding and enlisting the services of divorce attorney specially trained for collaborative divorce. After this all parties sign an agreement saying if the couple cannot reach an agreement on all of the terms of the divorce a trial will be necessary.

In the event of a divorce trial, both parties will have to find new legal representatives. This is because neither of the attorneys participating in the collaborative divorce process will be allowed to participate in the trial process. However, every possible attempt is made to avoid the need for a trial.

The couple will first meet individually with their own attorneys. After these initial meetings the couple will meet together with both attorneys present to discuss the terms of the divorce. If they agree on all of the terms, the divorce can be finalized.

When there is disagreement on some, or all, of the terms, there is a need to attempt to compromise on these issues to reach an agreement. The couple may opt to meet several more times alone with their attorneys before reconvening to discuss new term agreements. This process can continue indefinitely until an agreement is reached on all terms.

If compromises are being made successfully, the collaborative divorce process can continue and eventually the divorce will become finalized. However, in some cases, reaching compromises proves to be more difficult than anticipated. When this occurs, going to trial to have a judge rule on the terms of the divorce may be necessary. Both parties and their attorneys try to prevent this but it is not always possible.