Collaborative divorce is a type of dispute resolution in which all parties agree to negotiate a fair settlement without having to duke it out in court. Each party retains a divorce attorney and the lawyers work with the parties to ensure cooperative negotiation to resolve issues like property division, child custody, child support, and other factors.
Before the collaborative divorce process can begin, both the parties and their lawyers must sign a participation agreement. The agreement requires that the lawyers withdraw from the divorce process if the parties cannot reach a settlement through the collaborative divorce process.
By agreeing to use a collaborative, reasoned approach to reach a settlement, the parties can greatly reduce the chances that their divorce will become combative.
What are the benefits of a collaborative divorce?
Collaborative divorce has a number of benefits over litigation. These include:
- Giving both partners more control over the timing and outcome of proceedings
- Reducing the chances partners will become more adversarial after the divorce
- Helping to build a foundation for successful co-parenting
- Costing significantly less than a litigated divorce
- Taking much less time than a traditional divorce
- Allowing much more privacy than a divorce in open court
Who will benefit from collaborative divorce?
One of the tenants of a collaborative divorce is the avoidance of adversarial conflict, but that does not mean that every couple who agrees to a collaborative divorce is on amicable terms. As long as you and your spouse are committed to reaching a fair settlement out of court, collaborative divorce may work for you.
However, if either party does not see the value in reaching a negotiated agreement and instead pushes for litigation, the collaborative divorce process will likely fail. Talk to a domestic relations lawyer at The Farrish Law Firm, L.P.A. to discuss whether this process is right for you and whether your spouse would likely cooperate as well.
What can I expect from the collaborative divorce process?
By its very nature, a collaborative divorce centers around an agreement that all parties involved will cooperate with one another and negotiate a mutually beneficial divorce settlement. This is why the process begins with both the partners and their attorneys signing an agreement that they are committed to the collaborative process.
Once this agreement is signed, the spouses will schedule the first collaboration meeting. During this meeting and subsequent meetings, all parties sit down to discuss the issues. During these discussions, domestic relations attorneys represent their clients’ interests. Neutral third-party experts may also offer input regarding issues pertaining to the divorce, such as asset division or child custody.
For the most part, the divorcing parties are in control of the decisions. Once they reach an agreement, the lawyers will prepare the paperwork and attend the court hearing where the judge will finalize the divorce.
The Farrish Law Firm, L.P.A. in Cincinnati, Ohio, represents clients in a wide variety of family law, domestic relations, custody and child support cases. We also offer collaborative divorce representation to those who are looking for an alternative to litigated divorce proceedings. Read more about our attorneys or contact us today at 513-621-8700 to schedule your initial consultation.
