What Is Collaborative Divorce?
Collaborative Divorce is an interdisciplinary alternative dispute resolution process that is becoming increasingly popular amongst divorcing couples. It seeks to address the legal, psychological, financial, and social impact of divorce on the family unit as a whole, as opposed to focusing on litigation and the legal ramifications of divorce. At the beginning of the Collaborative Divorce process, the parties and all professionals assisting on the case usually sign an agreement stating that all the involved professionals will withdraw from the case if either party chooses to leave the collaborative process and engage in litigation. Collaborative Divorce seeks to treat every person involved in the divorce in a respectful manner, and without the adversity that is often present when a divorce case is litigated. The parties and the involved professional work together to resolve every issue in the case without resorting to court intervention.
What Professionals Are Involved In Collaborative Divorce?
Several professionals are usually involved in the Collaborative Divorce process. Both parties should each retain their own attorneys to provide legal assistance. The attorneys should be experienced in family law and have collaborative divorce training. Both parties should also retain a life coach. The life coaches are trained mental health professionals with experience in the area of divorce and marital relations. They are meant to assist each party in coping with the emotions generated by the divorce, and to help each party move beyond any negative emotions to enable the parties to move on from the divorce as individuals. Life coaches also assist the parties in learning to respectfully and effectively communicate with each other in order to finalize the divorce proceedings and act in the best interests of the children. A counselor for the children is another professional generally involved in collaborative divorce proceedings. The counselor is able to monitor the children's well-being during the divorce process and serves as a neutral third party who can give the spouses unbiased feedback about the children. This individual should be an experienced therapist specialized in children's issues. It is also wise to involve a financial planner in the collaborative divorce process. The financial planner is able to advise the parties as to the financial ramifications of different allocations of property and debts. Both the financial planner and the child's therapist should be jointly retained by the parties.
Why Collaborative Divorce May Be Beneficial
Collaborative Divorce is a good solution for many people involved in the dissolution process because it addresses more issues then can be addressed through litigation. When spouses participate in Collaborative Divorce, they receive guidance on the emotional and financial ramifications of their decisions. Often a court cannot effectively address these issues, and parties only receive information as to the legal effect of decisions. Collaborative Divorce also allows divorcing spouses to take control of their own destinies and reach agreements that are individualized and best serve their unique situations. Court rulings are often unable to comprehensively address all of the issues in the case.
The Criticisms of Collaborative Divorce
Collaborative Divorce has been criticized on several fronts. First, some people feel that engaging in Collaborative Divorce precludes an attorney from truly serving the best interests of the client. They argue that the attorney's true interest shifts from advocating for the client's position to encouraging a settlement of the case because the attorney is forced to withdraw if settlement is not reached. Similarly, some question whether an attorney is able to sufficient separate him/herself from their traditional adversarial roles to effectively facilitate a collaborative agreement. It is also questionable if attorney-client communications will be privileged, as many of the agreements the parties initially sign to enter into the Collaborative Divorce process are ambiguous about confidentiality. The economic feasibility of Collaborative Divorce has also been questioned.
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