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Understanding how collaborative law works

| Apr 27, 2020 | Collaborative Law |

So many people have likely heard horror stories of divorces in which the two spouses ended up virtually at war with one another. This stereotype is sadly cultivated by people bitter not only about what they lost during a divorce, but how difficult and adversarial the process was. Fortunately, there is another option for some couples today: collaborative divorce.

What differentiates collaborative vs litigated divorce

As explained by Forbes, a collaborative divorce agreement is not decided by a judge after testimony in a court room. Instead, a collaborative divorce is more akin to a mediation process whereby the two spouses make their decisions about how to end their marriage together. However, unlike with mediation, a collaborative divorce involves a team of professionals including attorneys for both spouses. The attorneys may guide their clients through the decision-making process.

Facts, not emotion, lead the process

According to HuffPost, a collaborative divorce team works to keep the spouses focused on the facts of the matter to prevent emotions from flaring and dictating their decisions. Spouses sign a contract agreeing to the collaborative divorce process, preventing legal representatives from being part of a litigated divorce should they fail to come to an agreement during the collaborative process.

Other members of the collaborative divorce team may include mental health professionals and financial professionals. Collaborative divorce proceedings maintain privacy for families and help spouses with kids stay focused on their kids to setup a positive coparenting relationship after the divorce is over. The reduced stress and conflict of a collaborative divorce may benefit both the spouses and children alike.