The attorneys at Strategic Divorce are supportive of the collaborative divorce process for those clients interested in pursuing this type of alternative resolution method.
A collaborative divorce is a commitment by the parties to pursue resolution of their issues at the negotiation table and outside of the courtroom. At the onset of a case, the parties involved and the professionals hired by the parties sign a Participation Agreement which includes a pledge by both parties to not go to court (except to finalize the divorce). That agreement specifies each party’s promise and understanding that if either party terminates the collaborative process and proceeds in court, then all professionals involved in the collaborative case are disqualified from continuing in the case and both parties must hire new counsel.
A successful collaborative case requires both parties to cooperate with providing information and documentation that the other party might need to make an informed decision. The collaborative divorce model includes both spouses, their respective attorneys and any other professionals that may be needed depending upon the issues in the case. This could include a mental health professional, a child specialist or a financial neutral. The team of professionals work together for the benefit of not just one party but the entire family unit and the issues specific to your family.
Once a final resolution is reached, the final agreements are drafted by the attorneys to conform with the required statutes and laws for approval by a Court. One or both parties will appear in court for one court date to finalize the divorce and make the final terms of your agreement a binding court order.
The collaborative process is also used to resolve issues in parentage cases and post-decree (post-divorce) cases as well.
A successful collaborative process allows parties to maintain control over the outcome of their case and maintain civil relations with their spouse or partner to maintain a positive co-parenting relationship for their family.
The attorneys at Strategic Divorce acknowledge that the collaborative model may not be possible for all clients.