Collaborative divorce is the newest method of resolving divorce related issues. In a collaborative divorce the attorneys for both sides agree to assist the clients to resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation. All of the people involved commit themselves to achieving a negotiated outcome. It is agreed that no litigation will be commenced during the negotiations.
The most important element of collaborative divorce is that the lawyers commit to manage the conflict, emotional issues and relationship issues creatively.
The parties and their lawyers engage in four-way meetings. These meetings allow the parties to explore their issues on their own timeline. The goal is to reach an agreement and then proceed with the divorce through the courts. Additionally, experts such as coaches and financial professionals are utilized to assist in resolving issues.
Why Collaborative Divorce?
Why would you pursue collaborative divorce? Collaborative divorce is effective where each side in the divorce is able to reach a fair solution and resolve differences.
Collaborative divorce addresses more than just the legal issues. It looks at the impact of divorce on the parties and the children. When a case is litigated in Court, the parties make allegations about each other and are hostile. This inadvertently impacts the children, who see their parents displaying hostility and hatred toward each other.
Even though your marriage is ending, in collaborative divorce, you are working together to achieve a resolution that works best for you both. You and your spouse control the process, rather than reacting to deadlines set by a Court. Collaborative divorce is the route to take if you want to maintain a good relationship with your ex spouse and lessen the impact of the transition on your children. However, collaborative divorce is not for everyone or every situation. It requires that those involved be committed to working with and not against the other party in order to achieve results. In Collaborative divorce you will not get your “pound of flesh” but you might reach an agreement that will keep you and your spouse involved in your children’s lives and maintain an amicable relationship with one another.
Collaborative divorce and its participants are committed to creating a process that is safe and that does not cause further harm to the participants and the families involved.The atmosphere of collaborative divorce is respectful and much less stressful than traditional litigation.Collaborative divorce provides the parties with an agreement that is designed by the parties, with the assistance of their collaborative divorce lawyers.
Who is a good candidate for collaborative divorce?
Do you still care enough about your spouse and your children to want to reach an amicable agreement rather than have your dirty laundry aired in Court? Do you want confidentiality with your divorce or do you want Court papers filed as public documents which slander you and your spouse? Individuals who are able to accept the separation, willing to learn or manage their emotions, interested in the well-being of the other side and committed to the process are good candidates for collaborative divorce. Those persons involved in collaborative divorce should be able to take the long term view and be thinking of the future and the maintenance of a relationship with the other party. If you are interested in pursuing a Collaborative Divorce, Laura D’Orsi, Esq. can assist you.
The Benefits of Collaborative Divorce
- Establishes a cooperative environment conducive to open and honest communication.
- Establishes a team of trained collaborative lawyers, mental health and financial professionals to guide you in reaching a respectful agreement.
- Puts the outcome within your control without the court making decisions for you.
- Allows the parties to resolve their differences privately.
- Collaborative practice offers greater flexibility than traditional litigated divorce. The parties can schedule meetings without having to way for court dates.
- Costs less than litigation.
At the Law Offices of Laura M. D’Orsi we recognize that everyone’s situation is different. Collaborative divorce may or may not be the best option for you. We will take the time to understand you as an individual, your particular circumstances and the facts of your case. In addition, we also take the time to look forward so that we can understand where you want to be when this is all behind you because divorce is not only about the end of the marriage, it is also about a new beginning.