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What Is a Collaborative Divorce?

Collaborative Divorce

When we think of divorce, we often think of a long, drawn out battle that’s laden with contention, jealousy, and greed. However, that’s frequently not the case. Often, two people come to a peaceful realization that their marriage simply isn’t working. When this is the case, there’s no need for an aggressive battle for money, possessions, or child custody, but rather, it requires a more collaborative approach, which is why this type of divorce is called a collaborative divorce. 

During a collaborative divorce, each spouse hires their own divorce attorney, as they would in a traditional divorce, but the negotiations take place out of court and only include the spouses and their attorneys, unless other professionals, such as child custody specialists, are brought in to aid the process. 

At the onset of a collaborative divorce, both attorneys must sign a “no court agreement,” which states that if one or both spouses decide to end the collaborative process and move the divorce into court, neither attorney may continue representing their client. This is aimed at ensuring that the attorneys both try their hardest to settle the divorce out of court and that they don’t have an ulterior motive of lengthening the process and working more billable hours. 

In most cases, a collaborative divorce is the best case scenario for a couple with children. When the attitude between the spouses is collaborative, it’s far less likely that there will be angry custody disputes. This not only helps the divorce move faster, but it’s also much easier on the children, as they don’t endure the emotional stress of seeing their parents at odds against one another. 

While a collaborative divorce isn’t always a realistic choice for a parting couple, it’s often the fastest and easiest way to end a marriage. No matter what type of divorce or custody situation you’ve found yourself in, the Law Office of John R. Rinn is ready to help you through this difficult time. Contact my office to request a consultation today!

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