Collaborative Divorce: Creative, Respectful Solutions
Collaborative divorce makes it possible to get a divorce without going through an adversarial court proceeding. As a viable method for better meeting the needs of the parties involved, collaborative divorce is a more efficient process and more importantly, far less destructive, than a traditional divorce proceeding. In a collaborative divorce, the divorcing spouses, their respective attorneys, the financial neutral and divorce coach, work together in a series of joint sessions to develop a comprehensive settlement agreement through respectful negotiation, compromise, and creative problem-solving. A collaborative divorce is a very streamlined process. Typically the process is as follows:
- Initially, you and your spouse will engage a collaborative divorce attorney who is experienced and knowledgeable in the collaborative divorce process.
- You and your collaborative divorce attorney will sign a participation agreement which outlines the roles, responsibilities and commitment each makes to the collaborative divorce process and steps moving forward. During the collaborative divorce meetings with your collaborative divorce attorney, financial neutral and divorce coach, discussions concerning all your marital issues, such as division of your assets, finances, child support, maintenance and parenting arrangements, will be addressed.
- The collaborative divorce process includes a financial neutral who works with you and your spouse to compile all your financial information and create a cash flow analysis for your household. In addition, the is a divorce coach who helps you and your spouse manage your emotions and communicate with one another constructively.
- The divorce coach will meet with you and your spouse individually first to get a better understanding of your needs and concerns. Thereafter, the divorce coach will meet with you and your spouse together to develop the written Joint Parenting Plan. The divorce coach is helpful for addressing the specific needs of your children and works with you to develop a written parenting plan that best serves and supports your children.
- In subsequent meetings, the collaborative divorce attorneys will guide you and your spouse in structured discussions, provide legal information and offer constructive advice with the support of the financial neutral and divorce coach. If there are children, you and your spouse will determine how the expenses for the children will be paid and how parenting responsibility and time will be shared.
- The collaborative divorce process requires full and complete disclosure of all relevant information by you and your spouse as you strive to reach an agreement that is best for your family.
- Once a settlement agreement has been reached, it will be reduced to writing and signed by you and your spouse prior to submission to the court for approval.
- Both collaborative divorce attorneys will prepare the legally binding agreement and it will be filed with the court for a judge’s approval. Depending on the jurisdiction of your case, a final hearing may or may not be required to conclude your divorce.
When you wish to dissolve your marriage in a mature, responsible way, Elizabeth Hill, collaborative divorce attorney, can help support the creation of a final agreement that will help all parties move forward in a positive manner. She is trained to facilitate child-centered amicable resolutions and creative solutions for the distribution of the marital estate.
To schedule a consultation or to obtain more information call 913-381-1500 or contact The Hill Law Firm, P.C.