Understanding the Process of Collaborative Divorce

Couples who are preparing to divorce have a personal and financial incentive to conduct their separation amicably. Though these incentives clearly exist, many couples fail to utilize them because of an inability or unwillingness to cooperate. Uncooperative couples end up litigating the various issues of their divorce – property division, alimony, etc. – and litigation can quickly become an expensive endeavor. In the past, we’ve talked about mediation, and how mediation can help parties resolve unsettled issues in a less expensive and more amiable manner. In this post, we’re going to discuss a related method for conducting a divorce: collaborative divorce.

Collaborative Divorce Requires Active Cooperation

As readers may recall, mediation requires a willingness to negotiate the various issues of divorce in a reasonable manner, but there is little direct cooperation involved. In mediation, the parties never have direct communication with each other, as communicated is facilitated by the mediator and attorneys. Collaborative divorce works differently. In a collaborative divorce, there is no mediator, and the parties need to communicate directly with each other in an attempt to resolve the unsettled issues of the divorce. Hence, the parties need to essentially be on good terms with each other, as they will work together in a direct way. For some parties, this puts collaborative divorce out of the realm of possibility. For those who can work together, however, collaborative divorce can be both emotionally and economical advantageous.

Four Way Meetings

Collaborative divorce does not involve a complex or difficult procedure. The first step which needs to be taken is an agreement involving both parties to undertake the collaborative approach. After that, the parties will have one or more “four way meetings” to resolve unsettled issues. Four way meetings are referred to as such because they involve, at a minimum, both parties and the attorneys who represent each party. These meetings may include other people, but they always include at least four participants. Parties have the option of hiring additional professionals to assist with the resolution of their issues. For instance, if the parties own real property, a professional appraiser may be called into to determine the value. Hence, the four way meetings can often include many more than just four people.

The parties will directly communicate with each other at the four way meetings. The attorneys will also play a key role in the communication process, as they will communicate with the opposing party and the opposing party’s attorney. If the parties are able to settle their issues, then the agreements will be submitted to the court for review. Then, they may become binding if they receive court approval.

At the start of the collaborative divorce process, the parties sign something called a “no court agreement.” This agreement basically indicates that the parties intend to carry out the collaborative divorce process and avoid litigation. Moreover, this agreement states that the parties must hire new attorneys in the event that the collaborative process fails. This provides an additional incentive to follow through with the collaborative process.

Comparing Collaborative Divorce with Alternatives

Right away, readers should be able to see clearly the similarities between the collaborative process and mediation. Both of these procedures require that the parties have a willingness to resolve issues outside of court, and both require a degree of reasonableness. However, collaborative divorce clearly requires that the parties are on better terms than they would need to be for mediation, and this is because the collaborative process requires direct communication. Both of these approaches are typically more cost-effective than litigation, and both tend to cause less stress than litigation.

Contact The Family Matters Law Firm For More Information

The Family Matters Law Firm has over 25 years of experience serving families in Miami. We strive to assist our clients with all aspects of the divorce and separation processes, including conflict resolution, therapist referrals, and finance management referrals. We will help you divorce yourself from the fight and find peace of mind as you make a fresh start.

Call us today at The Family Matters Law Firm at (305) 701-2901 or contact us online to schedule a strategy session for legal advice with a legal separation attorney in Miami, FL.