Collaborative Law 101

The Role of Attorneys in a Collaborative Divorce

Although collaborative divorce cases do not go to court, they do move toward dissolution of the marriage with a legal professional to protect your interests. Attorneys who practice collaborative divorce have the experience to advise about future legal ramifications of the parties’ actions. If you are considering a collaborative divorce, both parties will need  individual representation. If you are considering a dissolution and would like to use only one attorney, perhaps mediation would be the appropriate remedy for you and your spouse.

When to Choose a Collaborative Divorce

Although all families may desire a smooth transition from marriage to divorce, a collaborative law process does not work for everyone. When the parties communicate well—or at least are willing to work together—there is a better chance collaboration will be effective. Both parties have to commit to focus on what is best for the children and avoid emotional sabotage as much as possible during the process. Of course, if there is domestic violence in the family, it is less likely that a collaborative divorce is the best option for the parties.

What to Expect with Collaborative Law

Once you determine that a collaborative divorce is the best choice for your family, both you and your spouse will choose divorce attorneys who are skilled in the process. You’ll meet individually with your attorneys first, followed by a series of meetings with all involved parties. During these collaborative meetings, you and your spouse—with the help of your attorneys—will outline what your family dynamic will look like post-divorce. You will address all of the standard components: division of assets and debt, child custody, child support, and spousal support. Once you come to a final agreement, your attorneys will file the appropriate paperwork with the courts.

If the parties are unable to come to a positive conclusion through a collaborative approach and choose to go to court, they will need to seek different counsel. Collaborative divorce attorneys sign an agreement that, should the case go to court, they will not represent the parties.