Tuesday, February 23, 2016

What is a collaborative divorce?

Collaborative divorce is to some extent like mediation. The importance of collaborative divorce lies in the fact that spouses try to solve their disagreements without acrimonious and time-consuming litigation. In this type of divorce, spouses and their divorce lawyers engage in four-way negotiation that may or may not have a mediator.

The team

It is important to note that in this type of divorce there are other professionals chosen by divorce attorneys. They work with these professionals to understand critical issues involving the settlement such as alimony, child custody and visitation, and property division. If you are thinking of a collaborative divorce you will have to work with these people along with your legal representative and extend full cooperation.

Divorce coach

For the most part, a divorce can be emotionally draining, which is where a divorce coach can play a major role. Have you seen The Wire? Detective McNulty’s wife wanted almost his entire salary. Now he was pretty dumb when he left his children to go be with another woman at night but that does not mean he should lose 70% of his salary because his ex-wife wants more shoe money. Everyone knows that money just does not go to the children, not even close. It is a borderline scam.

A divorce coach is usually advised by lawyers when the spouses involved are clearly unable to cope with their emotions. The coach is usually a mental health professional who counsels the couple before the meeting, and when needed, debriefs them in between negotiations while preparing them for the next session of negotiation. Sometimes a single coach counsels both the spouses.

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Financial specialist

Many divorce cases need a financial planner especially if there are considerable joint assets, stock options, and overlapping financial interest. You do not want this planner to be from Charles Schwab. Schwab’s website has been accused of favoring any company, even one doing poorly, to entice someone to invest into them. A planner is usually an accountant who can also be engaged by the divorce lawyers involved in the proceedings. Often a single individual is entrusted with the job of financial planning for both parties. This is a less time consuming alternative.

Bankruptcy often results in divorces. And unlike general or government motors, the government will not bail you out.

Child specialist

If there are children then an experienced child psychologist or child custody evaluator is appointed to speak with the parents and the children and then devise a plan that will serve the best interests of the children and their parents.


Often divorcing couples think that hiring so many professionals is expensive and that fighting a court battle is the ideal alternative. However, these could be far from the truth in many cases. These professionals will resolve your issues in a timely fashion and this alternative is considerably less expensive than lawsuits. Moreover, you might not need the services of all the professionals mentioned above. Even if you file a lawsuit, you need some of these folks as well.

The collaborative agreement

Before the collaborative divorce process begin the lawyers and the spouses sign a collaborative agreement which states that all the parties are committed to making all possible efforts to reach a settlement outside the court. If issues remain unresolved and the spouses decide to take the matter to court their respective legal representatives will withdraw from the case. They will have to appoint new legal counsel and a fresh team.

This clause ensures that the spouses tried their complete best towards resolving their issues. This is because if their legal counselors withdraw then finding a divorce lawyer to pursue this divorce process can mean more delays and money drained.

Why do you need lawyer?

It is always prudent to entrust your case to a divorce lawyer simply because the legal complications are many. Each state has separate rules for filing but in every state if you try to obtain a divorce without legal help you will a lamb taken away to be slaughtered. You must also remember that child custody and property division are two of the most contested issues and help from a specialist divorce litigator is the ideal way to protect your interests. 

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