Thursday, June 7, 2012

What Is Collabrotive Divorce?


           Divorce can be devastating on your family. In an effort to maintain some peace and civility many families have decided to look towards collaborative divorce as an alternative to litigation. Collaborative divorce involves an effort by both parties to work together with their attorneys in the best interest of their family. This includes working together to discuss child custody, monetary, and property issues. Along with your lawyer, your process will be aided by helpful professionals that can evaluate the situation and help assess any areas of dispute. This often includes health professionals, financial aides, or divorce coaches who help you make decisions on some of the toughest choices involved in divorce.

In the collaborative process parties sign a Collaborative Participation Agreement that allows for voluntary, open discussion of all relevant matters. The parties consent to work outside of the courtroom with the agreement if either party files any contested court proceeding, it will nullify the collaborative effort and the family will need new lawyers and other professionals.

Often the question is whether collaborative divorce is right for you. The International Academy of Collaborative Professionals suggests that when determining whether the collaborative process is appropriate for your matter, consider if the following values are important to you: 

    • I want to maintain the tone of respect, even when we disagree.
    • I want to prioritize the needs of our children.
    • My needs and those of my spouse require equal consideration, and I will listen objectively.
    • I believe that working creatively and cooperatively solves issues.
    • It is important to reach beyond today's frustration and pain to plan for the future.
    • I can behave ethically toward my spouse.
    • I choose to maintain control of the divorce process with my spouse, and not relegate it to the courts.

If these values are something that you hold dear - then collaborative divorce may be the route for your family. If you are interested on embarking on the collaborative divorce process, please feel free to call our office to schedule an appointment so that we can answer any questions you have and better inform you of your options.






Sources: http://www.collaborativepractice.com/