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What is Collaborative Divorce?
Collaborative divorce allows couples to work together, with the help of lawyers, to reach an agreement without going to court. At Sarnacki Law Firm in Grand Rapids, we specialize in guiding couples through this amicable process. Contact us today to learn more!
Adversarial vs. Non-Adversarial Divorce (Confrontational vs. Cooperative)
Adversarial/Confrontational Divorce:
- Win-lose outcome
- Public hearings and trials
- Lengthy and costly
- Potentially traumatic for dependents
Non-Adversarial/Cooperative Divorce:
- Win-win resolution
- Private discussions
- Quicker and controlled costs
- Easier on dependents
Collaborative divorce is a cooperative approach that is particularly beneficial for couples with children, as it avoids the emotional trauma of litigation.
How Collaborative Divorce Works
In a collaborative divorce, each party hires their own lawyer. Together with an interdisciplinary team of specialized professionals, they negotiate an agreement outside of court. This team may include:
- Attorney: Provides legal advice and advocacy.
- Divorce Coach: Offers emotional support and teaches negotiation and communication skills
- Financial Specialist: Advises on financial matters, including asset division and tax implications
- Child Specialist: Assesses children’s needs and helps parents create a workable co-parenting plan
The Collaborative Process
- Select Collaborative Lawyers: Choose lawyers trained in collaborative divorce.
- Commit to Collaboration: Both parties agree not to go to court.
- Assemble the Team: Determine the need for specialists like a divorce coach or financial expert.
- Private Consultations: Meet with your professionals individually.
- Joint Meetings: Share information and negotiate face-to-face.
- Collaborate on Solutions: Work together to solve problems and shape the final agreement.
- Settle and Finalize: Conclude the settlement and file necessary paperwork.
Commitments for Collaborative Divorce
Participants must commit to:
- Engage in respectful, face-to-face discussions
- Listen to and express needs openly
- Focus on solutions rather than litigation threats
- Sign a participation agreement and pledge to avoid court
Benefits of Collaborative Divorce
Collaborative divorce empowers clients to maintain control over their divorce, including costs and timelines, and is tailored to meet each family’s unique needs. However, it may not be suitable in cases involving domestic violence, substance abuse, or severe emotional disorders. And the parties must consider the costs associated with hiring any or all of the professionals identified above, as appropriate.
Getting Started
If you are interested in pursuing a collaborative divorce, educate your spouse on the process and help them find their own collaborative divorce attorney. Resources like the Collaborative Practice Institute of Michigan can help you locate qualified professionals.
At Sarnacki Law Firm, we are dedicated to helping you navigate your divorce with compassion and expertise.
Contact us today to start your collaborative divorce journey.
