A person interested in collaborative divorce will normally first discuss the idea with his or her spouse. If both parties agree to participate in collaborative divorce, each party will then choose a collaborative divorce lawyer.
The collaborative divorce lawyer will meet with the party. At this initial meeting the party will tell the lawyer about his or her concerns and goals. The lawyer will review the options with the party, ensure that there are no barriers to the process such as abuse, safety issues or mental health concerns, sign the collaborative divorce retainer, provide a copy of a draft Participation Agreement and provide the party with information about collaborative divorce. In advance of the first meeting, the lawyers participating share information. The information that is shared often includes the issues that are at the forefront for the parties, the dynamics between the parties and the general interests of each party.
Collaborative Divorce requires six essentials:
1. Full Disclosure of Documents – this means no information is hidden. Each party must provide full information of all assets, income and debts.
2. Respect – this means both sides will act like mature adults.
3. Protecting the Children – The children will be kept out of the process. The will not deliver messages or mail. The parties will act like adults, so as not to involve the children.
4. Joint Experts– this means that you find experts to settle issues when necessary. Like real estate agents, parenting consultants and the like. Each members of the party agree to share the costs of these expenses.
5. Focus on the Goal – The attorneys will work to keep the case on track so that the goal of – settlement can be achieved.
6. No Court – The goal of Collaborative Divorce is to take the case out of Court. If the matter must be litigated, the Attorneys involved must withdraw and can no longer be involved.
Please review www.jsclg.com for more information.