Collaborative Divorce

Strong emotions, challenging communication, and/or more complexity might cause both participants to want legal advice and advocates, without the threat of going to court.

  • Involves direct negotiation between the parties, in joint meetings, with lawyers present and participating
  • Involves committing not to go to court to resolve differences and signing a Participation Agreement
  • Involves keeping the interests of the children the top priority
  • Involves exchanging all relevant information voluntarily
  • Works best for parties who value privacy
  • Works best when parties want to control the outcome of their dispute
  • Works best when parties have a strong interest to minimize harm to their children
  • Works well in both low conflict and high conflict cases
  • Works well in uncomplicated and complicated cases
  • Does not work as well if one person purposely will not move forward
  • Can be more challenging when ongoing substance abuse or untreated mental health issues are present (but not impossible)
  • Both parties have lawyers
  • Other experts are often hired to assist with parenting plans, budgets, valuations and collection of financial information
  • Experts are hired by joint agreement and are neutral—asked to provide expertise and not to advocate for a party or a party’s position
  • Lawyers offer advice, guidance, advocacy and draft settlement document and appropriate closing documents
  • Generally, less expensive than going to trial or arbitration to resolve disputes and more expensive than parties reaching an agreement on their own
  • For more specific information about Collaborative Divorce, click here.