A collaborative divorce is a type of divorce proceeding in which both spouses commit to resolving their issues through cooperation rather than litigation. Instead of fighting over property division, child custody, or support in court, the parties work together to reach a mutually agreed upon settlement.
This process is different from a traditional adversarial divorce, where each side presents arguments to a judge and disputes are resolved through litigation. In a collaborative divorce, the focus is on open communication, compromise, and problem solving.
Both spouses must agree to participate in the collaborative process. The parties may use a single attorney and sometimes involve other professionals to assist in reaching a fair resolution. The goal is to maintain an amicable approach and avoid unnecessary conflict.
However, collaborative divorce is not suitable in every situation. Cases involving domestic violence are generally not appropriate for this model. In addition, if one spouse seeks separate legal advice outside of the collaborative framework, the process can break down and become adversarial.
When both parties are committed to working together and staying aligned on an amicable settlement, collaborative divorce can be not only possible but preferable to traditional litigation.
If you have questions about whether collaborative divorce is right for you, Clarkston Legal is here to help.
