The Benefits of a Collaborative Divorce

Are you and your spouse considering divorce but want to avoid the emotional trauma and financial costs of a bitter court battle? Collaborative divorce may be the solution for you.

What is Collaborative Divorce Law?

Collaborative divorce is an alternative process that allows couples to dissolve their marriage respectfully, privately, and cost-effectively - without going to court. In a collaborative divorce, both spouses retain separate, specially-trained collaborative attorneys. Everyone involved signs a participation agreement disqualifying their lawyers from representing them in court if the collaborative process breaks down.

This creates a team-based environment where the focus becomes that of problem solving. The couple, their attorneys, and other relevant professionals (such as divorce coaches, financial specialists, and child specialists) then work together through a series of productive meetings to negotiate a comprehensive settlement agreement.

The Benefits of Collaborative Divorce

There are many advantages to choosing the collaborative process over traditional divorce litigation:

• Privacy & Confidentiality - Unlike court records, the proceedings remain entirely private.

• Focus on the Future - Rather than dredging up past issues, collaboration concentrates on the future best interests of the entire family.

• Creative Solutions - Outside the rigid constraints of court, creative problem-solving leads to customized results.

• Mutual Respect - The collaborative model fosters mutual understanding and rapport despite emotions.

• Lower Conflict - Without adversarial litigation posturing, conflict is greatly reduced.

• Client Control - With professional guidance, the couple retains control over their own lives.

• Children's Interests - Collaboration protects children from the trauma and stress of courtroom battles.

• Efficiency/Cost Savings - With motivation to settle, collaboration is typically much faster and less expensive than litigation.

Is Collaborative Divorce Right for You?

Collaborative divorce requires a genuine commitment to resolving differences respectfully and reasonably. It may not be suitable if there is a history of significant domestic violence, mental illness, or substance abuse issues. However, for most divorcing couples, collaboration provides a supportive environment to begin their new lives with greater peace of mind.

At Cavanaugh Hamrick & McCarthy, our trained collaborative attorneys can guide you through this constructive process. Contact us today to learn more.