Collaborative divorce (sometimes called cooperative divorce) is a new concept being put to wide use across the state. Not as inexpensive as mediation, it does hold a lot of promise for those looking to avoid the emotional and financial pitfalls of a confrontational and anxiety-ridden contested case.
The collaborative divorce process is one where the parties commit themselves to pursuing their divorce in an atmosphere of honesty, cooperation, integrity, and professionalism. The goal is to dissolve the marriage with the best interests of the family always maintained as the focal point. This approach is taken to minimize the negative economic, social, and emotional consequences of the typical contested case.
Under the collaborative model, the parties and their attorneys agree in writing to the ground rules for a good faith negotiation of a settlement. Again, the object is to achieve a settlement that benefits both sides without resorting to antagonism, the formalism of legal rules and court intervention. The attorneys not only pledge themselves to this goal, but agree in writing that if the process fails, neither lawyer will represent the parties in any court proceeding against the other.
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