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Collaborative law is a type of alternative dispute resolution. It provides an option to couples who wish to avoid litigation and other avenues traditionally used in the termination of the marriage. Collaborative law requires couples to work cooperatively with each other, with the assistance of legal counsel and other collaborative professionals, to resolve the issues related to the termination of their marriage.
One advantage of a collaborative divorce is that the divorcing couple may retain a team of divorce professionals to assist them in the settlement process. In addition to their collaborate attorney, they may hire a financial professional, a child specialist, and/or a mental health professional.
To begin, the spouses and their collaborative attorneys sign a written agreement pledging not to take their disputes to court. They meet in four-way sessions to express, discuss, and settle their issues and concerns. Once the spouses reach a mutually acceptable written agreement, the attorneys take the necessary action to terminate the marriage.
If the collaborative process is not successful and the spouses seek to litigate their divorce, then the collaborative attorneys are required to resign from the case. The spouses will need to retain new counsel if they want to litigate their case.
