Collaborative Divorce

Collaborative Divorce

Collaborative law, also known as the collaborative practice enables you and your spouse to make a commitment to resolve any disputes without litigation and without going to court. It is an Alternative Dispute Resolution (“ADR”), which is a term used for way to resolve issues without going through a formal Court hearing.  This voluntary process is initiated when both parties and each of their respective attorneys all agree to participate and sign a “participation agreement” binding each to the collaborative process, and disqualifying the attorneys from representing either party in any future family law related litigation. The parties and their attorneys will have a series of private meetings to create solutions based on the needs of the parties.

Similar to Mediation, the collaborative practice operates in the spirit of honesty, transparency and cooperation.  You will work with your attorneys and other professionals (mental health and/or financial experts) in order to avoid the uncertain outcome of the Court and to achieve a settlement that best meets the specific needs of both parties and your children, without the underlying threat of litigation.

The other party, for example, will provide documents with an informal request from you or your attorney, i.e. a brief phone call or short email, rather than through the long formal discovery process.  Further, for example, any necessary account tracing could be assigned to one mutually agreed upon forensic accountant, without the duplicative efforts from both sides.  The process allows parties to resolve disputes respectfully and cost effectively.


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