Collaborative Divorce

A Collaborative Divorce is a non-adversarial process option providing privacy and support to the couple and family. The Collaborative team includes not only the attorneys, but also neutral parties, such as a financial professional, a divorce coach or a child specialist.

The collaborative attorneys guide the couple through the process assisting in preparing an agreement which meets the goals and interests of the family. This process is more private compared to litigation, and the professionals create an atmosphere conducive to openness and trust. The Collaborative Divorce process is client-centered, and all information is gathered in a transparent manner. The couple then has the knowledge required to make informed decisions about their future, finances, assets and the care of their children.

The court is not involved in this process until final agreements are reached and then only to the extent of a final dissolution hearing

Some of the benefits of the Collaborative Process are as follows:

  • Interest-based negotiations are utilized, similar to mediation, promoting the parties’ long-term ability to effectively communicate and minimizing the negative impact upon children from the conflict.
  • All information is voluntarily and transparently shared fully in a private forum, on request of either party, and all negotiations take place directly, face-to-face, in four-way meetings in which an environment of trust is promoted by the knowledge that the other spouse’s attorney will not someday be an adversary.
  • Each of the lawyers is retained for only the limited purpose of helping her or his client reach an acceptable settlement on all issues, without litigation or threatening to litigate.

 

Some of the drawbacks of the Collaborative Process are as follows:

  • Like mediation and principled negotiation, each side has the unilateral right to terminate the process at any time and force the other party into litigation.
  • Unlike mediation or principled negotiation, if the collaborative process fails, neither lawyer can continue to represent her or his client and each client must retain new counsel for litigation, with the likely effect that some or perhaps all the legal fees expended upon the collaborative process were for naught.
  • Each party may reach a point where she or he feels that there is no choice but to settle because of the investment she or he has already made in the process.

 

The attorneys are Zoller|Biacsi are highly trained in the Collaborative Divorce Process and have brought many matters to a successful conclusion. If you are interested in further information concerning the Collaborative Process, please contact our office to schedule an initial consultation.

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