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Collaborative Divorce – What Is It?

The six elements of Collaborative Divorce.

There are six attributes required in a collaborative divorce.

  1. Disclosure of Documents – No information is hidden. Everything is disclosed so that the couple can make the best decisions for the family.
  2. Respect – Both sides agree to act like mature adults.
  3. Insulating children – This is a fancy term for keeping the children out of it. They don’t need to be involved with these adult issues.
  4. Sharing experts – To the extent that additional experts are needed to assist with the negotiations, they will be hired jointly. Experts may be real estate agents, parenting consultants, along with other professionals. The couple agrees to share these costs.
  5. Win-win solutions – The couple agrees to use good faith efforts in their negotiations to reach a mutually acceptable settlement. The solutions are for the benefit of the family and not to favor one party over the other.
  6. No Court – The parties sign a collaborative participation agreement describing the nature of the process and the elements to which they agree, one being that neither party will pursue litigation. If the collaborative process breaks down, the attorneys involved with the Collaborative Law must withdraw and can no longer be involved.
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