Richard A. Lybarger Divorce Law Blog on Lawyers.com

The collaborative divorce process is an interdisciplinary way for people to resolve their disputes respectfully and privately, with the parties and their counsel agreeing in writing to make a good faith attempt to reach a mutually agreeable settlement without going to court. Working together, you dissolve your marriage in a way that considers everyone's needs and minimizes conflict.

Although collaborative law has been around since the early 1980s, it is still a relatively new process for resolving divorce cases that has grown more prevalent in recent years among experienced family law attorneys. 

The heart of Collaborative Practice or Collaborative Divorce (also called “no-court divorce,” “divorce with dignity,” “peaceful divorce”) is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court.  Additionally, Collaborative Divorce allows you the benefit of child and financial specialists, divorce coaches and other professionals who are all able to work together on your team.

In the collaborative divorce practice, certain core elements form your contractual commitments, which are to:

• Negotiate a mutually acceptable settlement without having courts decide issues.
• Maintain open communication and information sharing.
• Create shared solutions acknowledging the highest priorities of all.

You should consider collaborative divorce if:

• You believe it is important to protect your children from the harm litigation can inflict
• You place a high value on personal responsibility in resolving conflict
• You are able to focus on a positive solution for the entire family

What are the Advantages of Collaborative Divorce?

• You save resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame.
• You gain an outcome that is tailored to your family.  Every family is different and deserves a unique solution to the issues raised in a separation or divorce proceeding.
• You create a climate of cooperation in which you and your family can thrive in the face of transition.

If collaborative divorce sounds like a feasible option for you, contact a divorce lawyer who specializes in collaborative law or mediation.