You’ve heard about the collaborative divorce trend. You and your spouse are parting ways rather amicably, so you think that going through a collaborative divorce might be a plausible option for your family. You have heard that there are many benefits to divorcing this way rather than through litigation, but you still have questions.
What are the benefits of collaborative divorce?
Collaborative divorce allows you to take control of your destiny. You must have the emotional capacity to work with your spouse in a team-like fashion. The two of you will openly communicate, negotiate and make compromises that are in the best interests of the futures of you and your children. While you and your soon-to-be ex work through the dissolution of your marriage, a new connection is fostered that can set up a happy, successful post-marriage relationship that is great for co-parenting. The cost is often significantly less than litigating a divorce, and your participation in collaborative divorce is confidential.
What is the role of the attorney?
Both you and your spouse will have your own attorneys. As with any legal matter, your lawyer will act as a resource, educator and advocate. They will advise you of the laws that pertain to your particular situation and help you understand how to properly utilize the law. They will oversee documentation and proceedings to ensure that the choices you make are legally binding, and that all discovery is disclosed between you and your spouse.
Why the right attorney matters
As you choose an attorney, you will want to make sure that you pick one that is right for you. You and your lawyer should connect. You should feel comfortable speaking with your attorney and trust them to cater to your best interests.
You will also want to ensure that your attorney is licensed and trained to practice collaborative law. A collaborative divorce attorney is trained to help you reach a win-win settlement. They are skilled in guiding negotiations, managing conflicts, and work as advocates for what is fair and just. They have an innate understanding of how joint meetings work and how decisions have to be made. Attorneys trained to practice collaborative law are required to withdraw from the process if they discover that information is being withheld. Techniques that work well in litigation processes can be destructive in a collaborative case. If your counsel is not licensed and trained specifically in collaborative law, they may misguide you with their efforts and derail what would otherwise be a smooth divorce process.