| What is a Collaborative Divorce? | | | | the doubling of the cost of such services. On the other |
| A collaborative divorce is one where each spouse is | | | | hand, in collaborative divorce proceedings, the parties |
| represented separately by a lawyer and the lawyers | | | | agree to engage one expert and to use that expert's |
| collaborate with their respective clients to achieve a | | | | report or recommendation to evaluate assets. |
| divorce by agreement. This is distinct from the more | | | | Collaborative divorce is quite often a preferable means |
| widely known approach called contested divorce, | | | | of divorcing so long as the parties still have a |
| where the resources of the clients and the attorneys | | | | reasonable ability to communicate and discuss the |
| are focused on actively litigating the case in court. | | | | issues involved in the divorce. Sometimes, this |
| This approach to divorce requires a couple to have a | | | | approach may not be feasible, as in cases where the |
| joint goal: the successful and peaceful resolution of the | | | | parties are still deeply embittered and hostile, or if there |
| marital issues without any or very minimal court | | | | has been domestic violence. In such cases, protracted |
| intervention. Typically, the only court involvement is the | | | | litigation and emotionally (and financially) draining court |
| approval of the final divorce settlement and the | | | | appearances are unavoidable. |
| granting of the divorce decree in court with both | | | | Collaborative divorce involves special training on the |
| parties approving the final terms of their agreement. | | | | part of the attorneys handling the matter. It is critical |
| This final proceeding is an uncontested proceeding. | | | | that the lawyers assigned to this type of divorce have |
| One of the chief differences between a collaborative | | | | both legal expertise as well as superior personal |
| divorce and a contested divorce is the use of shared | | | | negotiating skills. Divorce attorneys accustomed to |
| experts, in cases where an expert be needed. In | | | | aggressive tactics in court are not normally well suited |
| certain cases, experts may be required, for example, | | | | to handling the more diplomatic methods used in |
| to evaluate certain assets such as business interests | | | | collaborative divorce cases. |
| or real estate. Typically, in a contested divorce, each | | | | Copyright © 2003-2008, Corinne Mullen. All rights |
| side usually retains their own expert, often resulting in | | | | reserved. |