Divorce Magazine

Since 1996 Divorce Magazine has been the Internet's leading website on divorce and separation. We provide advice about divorce law, divorce lawyers, family law, custody, support and other divorce related issues along with a directory of divorce professionals.

 

Collaborative Law

What Is The Process Of Collaborative Divorce?

John J. Gilligan, a family lawyer in Long Beach, answers: A collaborative divorce is when both parties and their respective attorneys sign an agreement stating that no matter what happens during the course of the divorce, no court actions will be filed. It involves employing a team of non-lawyers, if necessary, such as mental health […]

Is a mediator ever involved in the collaborative process?

That can be the situation if there is an issue or specific matter that is difficult to negotiate. That would be a good time to use a mediator in a collaborative process. Harriett Fox is a CPA and divorce mediation located in Miami, Florida. She uses her mediation skill to settle cases in various areas […]

Are there other professionals besides lawyers as part of the collaborative team?

Yes. There are the two lawyers who are specially trained in collaborative law. There is also the mental health professional, whose job is to keep the parties on track and to help with any issues that may be of an emotional nature. The neutral financial professional is often a certified public accountant, although that is […]

What happens if the collaborative process fails?

The couples sign a collaborative participation agreement that describes the process and one of the elements is that neither party will pursue litigation. If the process breaks down, the attorneys involved must withdraw and can no longer be involved in the divorce. The attorneys are not thinking about going to court if collaborative fails, because […]

How does the collaborative process work?

There are six attributes required in collaborative divorce. One is disclosure of documents. The couple must agree that no information will be hidden. In traditional divorce, the hurdle is completing the documentation and discovery, but with the collaborative process, the couple agrees that everything will be transparent. Secondly, they agree to maintain respect for each […]

What is collaborative divorce?

Collaborative divorce is a civilized and positive approach to getting divorced. There is a collaborative team made up of the two couples, their two collaboratively trained attorneys, a financial professional, and a mental health professional who is also collaboratively trained. They all work in the spirit of co-operation and respect in the divorce process. Collaborative […]

How is the collaborative process financially different than traditional divorce?

One huge difference between traditional and collaborative divorce is what happens with the first $10,000. In a traditional divorce, each party typically pays a retainer to their attorney for $5,000, which covers a filing, the answer to a filing, and maybe mandatory disclosure. Yet nobody knows who’s picking the children up from school on Tuesday […]

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