is an out-of-court divorce process that is led and structured by the divorce lawyers of both parties. It could be considered a collaborative process like the mediation. The main difference being that it unfold more like a case that could end in court without actually going to court.
The collaborative divorce requires that the spouses commit to resolving the divorce, all related issues, support, custody, property disputes in a good faith, fairness and constructive discussion. This commitment is made in writing. In this setting, each spouse has a divorce lawyer representing him/her interests.
In comparison to the mediation, there is one divorce lawyer per spouse instead of one mediator for both. The objective and the process resemble in the sense that all participants are there to help resolve the issues and not to ¨fight¨ against the other party.
The difference with an arbitration is that there isn’t a third neutral party at the center that will arbitrage the differences. All participants, including the divorce lawyer of both spouses, collaborate to support and encourage an agreeable solution.
Usually, there is a rule that helps everyone keep that focus is that the divorce lawyers can’t be involved in the next step of litigation if one of the parties decides to pursue litigation. It will require the hiring of new attorneys. It makes the process cumbersome for the spouses and less attractive to jeopardize the process to go to that step for the lawyers.
HOW TO FIND A collaborative divorce lawyer
Ideally, ask people you trust that actually used such an approach before you. It usually is better to get referrals when choosing a lawyer for such an important issue.
There is a large number of national, regional and state collaborative law groups today. You can search for one of these groups or a lawyer near you through the following search box.
Example of search
¨Collaborative Divorce lawyer group in Denver¨