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What is collaborative divorce?
Collaborative Divorce is a process in which an attorney represents each spouse but in a very different way than in a conventional divorce. In a conventional divorce, the court system is used to resolve disputes. This places the spouses in the position of being adversaries, each fighting for the best personal result. Divorce becomes a source of increasing conflict. The resulting emotional turmoil is often devastating to the couple and to their children. Collaborative Divorce is non-adversarial. The attorneys agree in writing that they will not go to court. Instead, the attorneys work with the couple to reach a mutually satisfactory settlement without court intervention. In addition, the parties freely and openly exchange information and are committed to discovering and respecting their individual and shared goals. These working principles reducesthe emotional strain on all involved.
Throughout the divorce process there is open communication between the spouses and both attorneys. In fact, much of the work of the divorce is accomplished through 4-way meetings between the two spouses and both attorneys. This approach is much more efficient than the traditional method of the 2-way client-attorney meeting that is invariably followed by phone calls and written correspondence between the attorneys.
Often in Collaborative Divorce, the attorneys will incorporate additional professionals into the process. These may include mental health professionals and financial advisors performing the functions described below:
• Coaches are specially trained mental health professionals who help the parties understand and overcome any emotional obstacles to effective divorce negotiations. They will meet with the parties individually or jointly with both spouses, as the situation requires.
• Financial Specialists are neutral third party financial professionals with specific expertise in the financial aspects of divorce. They help the divorcing couple gather and analyze their financial data and advise the couple on which of the various financial scenarios will most benefit them.
• Child Specialists, as the name implies, are mental health professionals who have expertise in working with children. They help a divorcing couple examine how their decisions will affect the needs of their children.
Collaborative Divorce helps protect the interests of all family members, especially the children. It is an excellent option for couples seeking an alternative to the traditional adversarial divorce but who are not comfortable with mediation and the self-advocacy component inherent in the mediation process.
See related Item: http://mediationteamct.com
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