Collaborative Divorce differs from litigation in the following respects:
- Out of Court
At the start of a Collaborative Divorce, the divorcing parties and their attorneys commit to not going to court or threatening to go to court until the parties have reached an agreeement. The parties may, however agree to submit a single issue to the court, as long as all parties agree to do so. When the parties achieve a settlement, they enter the settlement agreement and any parenting agreements with the court as an uncontested matter.
- Open Exchange of Information
In a Collaborative Divorce, all participants agree to an open, honest exchange of accurate information and necessary documents. Neither spouse takes advantage of the miscalculations or inadvertent mistakes of others, and works to ensure that the final agreement covers all necessary issues.
- Children
In a Collaborative Divorce, both parties agree not to involve their children in disputes. They agree to speak respectfully to, and of, each other in the presence of the children. The spouses negotiate and agree upon parenting decisions, rather than delegate that authority to others.
- Experts
In a Collaborative Divorce, the spouses may jointly choose and employ the services of a certified financial planner and any accountant, appraiser, mental health professional, or other consultants whose services may be required, instead of each hiring his or her own adversarial experts.
- Negotiations
In a Collaborative Divorce, the spouses acknowledge each other’s legitimate needs and work together creatively for their mutual good and the good of the whole family, instead of striving for individual advantages.
