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What is “collaborative” divorce?

On Behalf of | Nov 24, 2021 | Collaborative Law

Traditional litigation is not the only way to resolve divorce issues. Depending on your circumstances, negotiation or mediation can be effective approaches. You may have also heard, however, of a procedure called collaborative divorce.

What is that procedure and why would you consider using it?

Collaboration could be better for your divorce case

Collaborative divorce is a procedure in which the parties and their attorneys commit to good faith efforts to solve divorce-related problems with the involvement of other professionals such as psychologists and financial planners. it is a major paradigm-shift from conventional, conflict-driven litigation. Though still relatively new, collaborative law in Indiana has been available for the last 15 years.

Like mediation, collaborative divorce seeks to minimize conflict and encourage amicable settlement. But unlike mediation, each party to a collaborative divorce proceeding has their own attorney. This encourages creative problem-solving because the parties know their interests will be protected even as their try to find common ground.

Collaborative law can also help you maintain your privacy and give you more control over your divorce case. If you and your spouse are committed to resolving the problems you’re dealing with while working toward solutions, then collaborating together could work.

Instead of having a judge make decisions that could impact you in the future, the goal of collaborative law is for you, your spouse and your attorneys to come up with agreements with a solution that works for both parties.

With this approach, you settle outside of court so that your private information is not revealed in a courtroom. Using collaborative law procedures may also help you minimize the impact of your divorce on your children since it is usually less combative and allows you and your spouse to work out custody arrangements and decisions in a productive, positive manner.

Collaborating gives you and your spouse the freedom to make decisions for yourselves. Our website has more on collaborative law, so please explore more and learn about this divorce option.