What is Collaborative Divorce?

Collaborative Divorce is a process whereby both parties and counsel commit themselves to resolving their family law differences justly and equitably without resort to the courts.

Collaborative Divorce has become the preferred method of family law dispute resolution in many jurisdictions because the process is more humane and promotes the post-divorce spiritual, psychological and financial health of the restructured family.

Collaborative Divorce relies on an atmosphere of honesty, cooperation, integrity and professionalism geared toward the future well-being of the family.

Collaborative Divorce engages in informal discussions and conferences using interest-based negotiation to establish goals, identify solutions and work towards settlement of all issues.

Collaborative Divorce requires each party and each attorney to take a reasoned position on all issues. Where such positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.

The Collaborative Divorce process could work well for you if both you and your spouse:

  • are able to behave in a respectful, ethical manner toward one another in working out the terms of your family dispute.
  • can appreciate the value of negotiating a settlement solution focused on meeting the needs of each member of your family.
  • will commit your emotion, intelligence and energy toward creative problem-solving rather than toward recrimination or revenge.
  • are able to participate in an open, honest exchange of information.

The Attorneys at Amick, Stevens & Gadness understand that ending a marriage has emotional and economic consequences, as well as legal consequences and that the parties may have trouble communicating and making decisions without the help of other professionals in addition to their lawyers. That is why collaborative lawyers often rely on an interdisciplinary team approach. This means that the parties may jointly engage personal coaches (generally a mental health professional), child specialists, and financial experts n the process to assist in gathering information and problem-solving. The professionals working as part of the collaborative team share the belief that is in a family's best interests to avoid litigation, and to settle differences fairly, honestly, and efficiently.