How Does a Collaborative Divorce Work?

Actress Gwyneth Paltrow and Coldplay front man Chris Martin may have sparked ridicule for announcing their “conscious uncoupling”, rather than a divorce, but they’re not the only modern couple seeking a kinder, gentler means of calling it quits. Many couples, especially with children, are looking for more productive (and less disruptive) ways of ending a marriage so as to do the least harm in the process, and hopefully preserve some semblance of cooperative conduct moving forward.

In some cases, amicable couples can manage a divorce with little more than a mediator. In other cases, a divorce may be so complex and contentious that there’s no remedy but to battle it out in court and let a judge determine the ultimate outcome.

Most couples fall somewhere in the middle of these two extremes, with some dispute over division of assets, child custody, child support, alimony, and so on, but also a desire not to drag things out, and thus a willingness to negotiate. In such cases, the stresses of going to court and the uncertainty of how a judge might rule may cause both parties to seek an alternative course for resolution.

This is where collaborative divorce comes into play. What is it? How does it work? What benefits can be gained by both parties? Here are the basics of collaborative divorce.

What is Collaborative Divorce?
As implied by the name, collaborative divorce is a process that involves collaboration between divorcing parties and their legal representatives. The focus in such negotiations is to avoid disputes with an attitude that involves problem-solving and troubleshooting, as opposed to bickering.

In other words, both parties need to agree to try to negotiate the terms of the divorce amicably in order to avoid going to court. This is accomplished with the help of lawyers familiar with the collaborative divorce process, and in some cases, the assistance of a mediator to facilitate the negotiating process and maintain order throughout.

How Does It Work?
The process of collaborative divorce begins with both parties seeking appropriate legal counsel. It is important that you choose lawyers familiar with collaborative practice because they will behave in a different manner, acting mainly in an advisory capacity and seeking a course of mutual agreement, as opposed to, say, preparing for litigation. The goals and the process are different.

In some cases, both parties and their attorneys will meet to discuss the terms of the divorce settlement. Alternately, all negotiations may take place through attorneys so that the parties don’t have to meet face-to-face. The goal is to reach a settlement with the least amount of stress and strife possible. A mediator may be needed to assist the process, but not always.

What are the Benefits?
The greatest benefit of collaborative divorce is a successful resolution and divorce agreement outside of the stressful courtroom setting. You may also save some money by avoiding litigation, and in most cases, both parties feel comfortable with the final agreement. In court, a judge may issue a settlement that doesn’t fully suit one or both parties.

If you’re interested in enjoying the benefits of collaborative divorce, call The Gucciardo Law Firm today at (248) 723-5190 to discuss your case with a qualified family law attorney.