Collaborative Law: A Peaceful Divorce Process
Collaborative law is a legal process that allows couples who are separating or divorcing to reach a settlement without ever stepping foot into a courtroom. It’s a structured, team-based approach where the goal is a win-win rather than a “winner takes all” scenario.
Collaborative law is right for couples who:
Have children and they want to have a mutual and respectful co-parenting relationship for years to come for their children
Want a respectful and solution-oriented atmosphere and transaction.
Want to make the decisions that’s right for them post-divorce vs a judge making the decisions
Want to move through a divorce as fast as they want vs waiting on the court’s calendar
Collaborative law isn’t for everyone. It requires a baseline level of trust and transparency between both parties. If there is a history of abuse of any kind, power imbalances in the relationship, or if you suspect your spouse is hiding assets, the “honor system” of collaborative law will not be the safest or most effective route. In fact, let’s discuss common myths to better define who Collaborative Law is right for.
Myth #1: It’s just mediation with a different name.
While both mediation and collaborative law aim for settlement, they are structurally different. In mediation, a neutral third party tries to help you agree but they cannot give you legal advice. In collaborative law, you get the benefit of neutral experts and have your own lawyer to provide real-time legal advocacy.
Myth #2: It’s only for couples who get along perfectly.
If you get along perfectly you probably wouldn’t be getting a divorce! Collaborative law is designed for couples who don’t agree but want to resolve their conflict issues without a judge. A team of professionals such as attorneys and a financial neutral are there to help manage the friction that usually leads to an argument.
Myth #3: It’s more expensive because you hire more people.
It feels counterintuitive, but hiring a team often costs less than a traditional divorce that may lead to court. In litigation, two attorneys often duplicate work (collecting their own information, making their own spreadsheets, filings, etc). In collaborative law, you share a financial neutral to do the math once, you may hire a coach at a lower rate than an attorney, and you hire your attorney who has the ethical duty to represent you for your best interests, by negotiating a deal that works for your life post-divorce.
If you want to learn more about the Collaborative Law process, contact attorney Beth Serrill.