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What is the Process of a Collaborative Divorce?

Couples who are going through a divorce often wish to do so outside of a courtroom. It is because of this that alternative methods of divorce exist for couples to participate in. This allows them to avoid litigation altogether. While this is not always possible for all couples, it can be very beneficial for those who can finalize their divorce proceedings without the assistance of a judge.

One alternative that is available to couples is a collaborative divorce. This process allows couples to come together with their attorneys to discuss their marital issues in order to reach amicable agreements regarding them for their future. During this time, they can discuss issues such as child custody, child support, spousal support, the division of assets, and more. This environment encourages them to negotiate their terms and compromise with one another.  Through this alternative, couples are able to avoid a hostile courtroom situation.

What is a Participation Agreement?

Couples who go through a collaborative divorce are required to sign a Participation Agreement before the process begins. This also requires their attorneys to sign the document as well. With this, both parties are held responsible for their effort that is put into the process in order to make it work. The document outlines their responsibilities and encourages each party to work together. If the process is not successful, the agreement prohibits each spouses’ attorney from representing them in litigation. This document also ensures that their attorneys are not pushing the spouse to take legal action and bring the divorce to court.

During a collaborative divorce, a team of professionals is available to the couple if they wish for them to be involved in the process. This can include a child specialist, a financial specialist, or a collaborative divorce coach to help them reach the ideal outcomes the want. 

When is the Process Over?

Through a Participation Agreement, the parties involved in the divorce are responsible for ensuring a successful divorce. As couples continue to negotiate their marital issues during the process, they work together to find solutions that are best for the both of them in the future as well as any family or children that may be involved. Once spouses are able to reach these conclusions and agree upon them, a settlement agreement can be drafted. Once it is signed by the respective parties, it can be presented to the court for the divorce to be made final.

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.