This post is the third in a four part series on litigated divorce, collaborative divorce, and divorce mediation. If you haven’t already read parts 1 and 2, I recommend you do before continuing.

Collaborative Divorce (continued)

Once the participation agreement has been inked, the divorcing couple will attend a series of meetings with both of their attorneys. When appropriate, collaborative divorce attorneys will bring in financial professionals, child custody experts, child psychologists, therapists, and other professionals to help facilitate the divorce. The purpose of these meetings is to determine, between the divorcing spouses, how they will handle all of the issues relating to the divorce, including:

  • Division of property
  • Division of debt
  • Child custody and/or visitation
  • Child support
  • Spousal support (alimony)

 

The meetings will continue until both parties have come to an agreement on how to resolve these issues. Then the parties, with the help of their attorneys, will put these agreements into writing and submit them to the court. The court will review the agreements for fairness and legality before approving them, but if the attorneys have done their part the court will likely accept the divorce agreement.

this infographic shows elements of collaborative divorce and associated professional disciplines.

In order for a collaborative divorce to be successful, it is crucial the parties choose appropriately trained and qualified collaborative divorce attorneys. After all, the process relies on the attorneys’ ability to facilitate respectful, productive discussion of the issues. In some cases, this can be quite a task!

Divorce Mediation

Divorce mediation is similar to the idea of collaborative divorce, but is less structured and more versatile. Mediation can be applied to basically any dispute, and divorce disputes are no exception. In fact, it is increasingly common for courts to refer some types of cases to mediation rather than hear them in court.

Check back soon for Let’s take this outside – resolving disputes out of court through collaborative divorce and divorce mediation, part 4