What is the Collaborative Divorce Process?

When couples are going through a divorce, they sometimes do not wish to participate in litigation. Instead, they want to complete the process outside the courtroom. It is because of this that there are alternative methods of divorce available for couples to partake in. While they are not possible for all couples, they can be positive experiences for others who are able to finalize divorce proceedings with their spouse.

One option available to couples is a collaborative divorce. During this process, spouses can come together with their attorneys to discuss their marital issues and reach agreements regarding their divorce. This encourages them to negotiate and make compromises with one another. Discussions during a collaborative divorce can surround around child custody, child support, spousal support, the division of assets, and more. With this option, spouses are able to avoid a hostile court environment and reach conclusions on their own terms.

What is a Participation Agreement?

When spouses go through a collaborative divorce, they must sign a participation agreement before they may begin discussions. This requires their signature in addition to that of their respective attorneys as well. This agreement holds all parties responsible for their involvement in the process and effort to make it work. It ensures they cooperate throughout the series of meetings together. In the event that the process is not successful, the agreement bars the attorneys from representing their clients in litigation. This also ensures that attorneys are not pushing their clients to take legal action and move their divorce to a courtroom.

During this process, there is a team of professionals available to the couple on their demand to include in these discussions. This can include a child specialist, a financial specialist, or a collaborative divorce coach to help them reach the outcomes that are best for their situation.

When is the Process Over?

With the help of the Participation Agreement, all parties involved in the process are there to ensure a successful divorce. This details their responsibilities and encourages everyone to work together. As couples continue to negotiate their marital issues, they work to reach decisions together to ensure the best future for the both of them and any children that may be involved. Once the spouses agree on the terms of their divorce, a settlement agreement can be presented to the court for the divorce to be made final.

Contact our Firm

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.