A husband and wife seeking a divorce can maintain a significant level of control over their marital dissolution by participating in a facilitative legal process called Collaborative Divorce.
Working Together to Avoid Court
The collaborative divorce process, which requires each party to hire an attorney, equips a divorcing couple with the tools to work together to reach a reasonable settlement without going to court. When you decide to participate in a collaborative divorce, you will participate in a series of joint sessions facilitated by both attorneys during which each spouse’s needs, interests and priorities will be identified and addressed. The goal is to achieve a divorce agreement without a court’s Intervention.
As an incentive to the success of this process, it is agreed that the collaborative attorneys will not represent the parties in litigation. It is important to note, however, that couples participating in a collaborative divorce do not forfeit their right to go to court if their joint effort fails.
If You Need Help from the Court
In the event that you and your spouse do not come to an agreement during your joint sessions, you may exercise your right to go to trial. However, the attorneys who represented you and your spouse in the collaborative divorce process cannot represent you in court. One reason collaborative divorce is successful is that the requirement to hire new legal representatives and restart the divorce process provides a powerful incentive to achieve consensus outside of court.