Collaborative Law

A collaborative law divorce is a private and confidential type of divorce that is handled outside of the courtroom. Each party is represented by a trained collaborative lawyer and together all work toward a mutually agreed upon settlement.

Collaborative divorce is generally viewed as a more civil and cooperative form of divorce, although that doesn’t mean it’s always pleasant. Because parties have to communicate and agree on issues, it tends to work well in setting up co-parenting relationships. Collaborative divorce is usually more beneficial for spouses who are business partners and want to remain so, as well as couples who want to retain the same social circles and family connections. Spouses sign a collaborative divorce agreement, which includes a promise to settle outside of court, and commit to voluntarily disclosing all relevant financial and other information.

Collaborative law is sometimes confused with mediation, as both are decided outside of court. In mediation, a paid mediator presides over divorce settlement negotiations, whereas in a collaborative divorce, trained lawyers assist parties in reaching a settlement. Spouses are not required to be represented by attorneys in mediation, although many do hire a lawyer which makes the mediation process more expensive. The mediator is a neutral third party and is not allowed to offer advice or support one spouse over another in the divorce process.