Saturday, January 29, 2011

Collaborative Divorce

A collaborative divorce is a divorce where you and your spouse hire your attorneys to settle your case prior to suing each other for a divorce. If you attorneys do not settle your case, we cannot represent you in your divorce. The intent is for the attorneys to work together, not against each other. This process also involves a mental health and financial neutral, who work with you and your spouse. The mental health professional is to help with communication and maintaining respect (and help your discussions regarding the best interest of your child) and the financial expert works to identify and value assets and debts, and determine actual income. If the process works, you have maintained respect for each other as the process is to emphasis a fair resolution as determined by you and your spouse, not a resolution as mandated by the Judge or laws passed by the legislature. If the process does not work, you have spent a lot of money, and you basically start over. Respect and your resolution is the goal and that is the best possible goal in any dissolution of a marital relationship. Why intentionally fight and have a stranger (the Judge) determine your outcome. You must be mature, intelligent and capable of listening and respect to participate in a collaborative divorce, and you must find two (2) attorneys you know what they are doing and who know their role in a collaborative process. Many attorneys do not understand this type of divorce process and I have noticed they are afraid to try it, afraid to give up the control, afraid to get along versus engaging in a "fight." Ask your attorney about this process and if they are unable to answer your questions, you may not have the right attorney.

No comments:

Post a Comment