What is a Collaborative Divorce?
If you have recently had friends or family members who have gone through a divorce, it is possible that you may have heard the term “collaborative divorce." If so, this is because it has become a very popular method of resolving divorce issues in recent years. Collaborative divorce is the most recent significant development in divorce resolution, and it is intended to be a way for a couple who is divorcing to work together as a team with trained professionals to resolve their issues together in a positive and cooperative negotiation, without having to go to court.
In a collaborative divorce setting, each spouse has his or her own attorney to provide advice and support, and all parties commit to working together toward agreement on the issues without going to court. In fact, one of the key conditions of a collaborative law negotiation is that if for any reason the collaborative law process fails, the parties will have to obtain new attorneys. The intent is truly that everyone be committed toward resolving the issues in the best and least stressful way possible.
Those attorneys who practice collaborative law receive extensive training in the process. This training includes not only conflict resolution strategies but also practical and legal training in a variety of areas. In addition to the attorneys, other specialists may also be involved in the discussion and negotiation process including financial advisors, child therapists, tax specialists, marriage therapists, and any other professionals at the parties feel would be helpful to thoroughly assessing and resolving their issues.
The essential idea behind collaborative divorce is that parties make the choice to be honest open and committed to resolving their issues with the benefit of legal counsel but without the contentiousness involved in a courtroom setting. Together, the parties enter into a voluntary set of ground rules that everyone agrees to abide by. The exchange of information and ideas is open and honest, and the goal is to work together toward crafting an agreement that is in the best interests of the children and the family as a whole.
Ultimately, if the collaborative law process is successful, the parties will have an agreement that effectively addresses all of the issues before them, and which they can agree to modify in the future if necessary, as their lives and circumstances change. Often, if used successfully, collaborative law can be a very effective method of handling the divorce process.
If you need to speak with an experienced divorce attorney in Huntersville, please contact Adkins Law to arrange a family law consultation.