Everyone has heard horror stories of divorces that became more and more acrimonious and expensive. An alternative to litigation is the collaborative divorce process where the parties, their counsel and other neutral professionals attempt to identify the goals of both parties and arrive at a win/win settlement. Not only is collaborative divorce less stressful for the parties, but it is often less expensive than traditional divorce litigation. Ms. Crabb is trained in collaborative divorce and can assist you through this process if this is the choice you make for your family.
What Is Collaborative Divorce?
Collaborative divorce is a relatively new concept in divorce litigation. Both parties and their lawyers and other professionals agree to reduce the conflict of a litigated divorce by discussing issues of property division, child support, custody and other matters amicably, outside of the court setting with the assistance of their attorneys and other advisors. Each side is committed to a negotiated solution.
With a collaborative divorce, parties set the foundation for a working relationship in the future. We will work with you to help you navigate through problems and come together to find solutions that work for both parties through the use of collaborative divorce where it is appropriate. Collaborative divorce puts you in charge of your life following the separation, with a goal of reducing the time, tension and expense of a traditional separation and divorce.
How Does Collaborative Divorce Differ From Mediation?
Divorce mediation has some similarities to collaborative divorce in that it often produces a negotiated settlement. However, mediation is used (and often required by many judges) as a step during divorce proceedings, often for just one part. For example, divorcing couples can mediate a parenting time solution, but still need the court to step in for the division of property.
Collaborative divorce requires that both parties be committed to achieving results and working with, not against, one another in all matters of the divorce. It is an alternative to litigated divorce, not a means to resolve a specific aspect of it. You will work with the other party and your attorney to resolve all issues together, resulting in a final agreement being arranged before going to court. This greatly reduces the expenses of a divorce, and usually arrives at an agreement that both parties are committed to honoring and sustaining. If the parties cannot reach a favorable resolution through collaboration, then both parties must find new legal counsel.
Experienced in Collaborative Law
The partner of our family law division, attorney Kelli Hanley Crabb, is trained in collaborative divorce and can help you use a collaborative divorce if your situation is appropriate. She has experience working with clients in reducing the devastation of divorce litigation, and facilitating favorable divorce settlements through the collaborative method.
If you have questions about how collaborative divorce may benefit you, please contact Ms. Crabb today to discuss this option. She will provide you with the information you need to determine if this is a right solution for you.