Collaborative Divorce Process
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Steps in Collaborative Divorce Process
- The married couple decides to divorce. They have the following aims
- To stay out of court
- Inflict less damage on themselves and the kids
- Spend less amount of money
- This married couple comes across the concept of collaborative divorce. They read, discuss and explore it
- The divorcing partners hire collaborative lawyers
- There is an initial 4-way meeting (2 divorcing partners + their 2 lawyers). During this meeting, there is a collaboration agreement and temporary plan
- The divorcing partners hire other professionals, like
- Financial Specialist
- Child Specialist
- Divorce Coach
- There are consultations between the divorcing partners and the other professionals
- There is a 6-way meeting to decide parenting (2 divorcing partners + 2 lawyers + child specialist + divorce coach)
- There may be additional similar 6-way meetings
- The Parenting Settlement is drafted
- There is a 6-way meeting to decide Financial issues (2 divorcing partners + 2 lawyers + financial specialist + divorce coach). During this, assets and budget are determined. There are Model Settlements
- There may be additional similar 6-way meetings
- The Financial Settlement is drafted
- The collaborative lawyers negotiate final details and draft final pleadings
- There is a final 7-way meeting (2 divorcing partners + 2 lawyers + child specialist + financial specialist + divorce coach)
- Closure of the case
- Discussion of post dissolution issues
Participants in Collaborative Divorce Process
- The divorcing partners: These have the following aims
- Safeguard their children from emotional harm
- Retain self and spouse's dignity
- Decrease senseless conflict and relational stress and damage
- Save public exposure, time and money
- Ensure a vital relation with the children
- Remain financially solvent in the future
For this, these partners are ready to be transparent, to offer true and precise information and deal with the various issues in a straightforward approach.
- Collaborative Lawyers: Some lawsuit attorneys develop an opinion that court litigation does not help divorcing partners. These attorneys undergo collaborative training. Their intention is to protect the family from the perils of a divorce. They develop a secure ambience for the divorcing partners to negotiate in a fair manner. Similar to a lawsuit, they advise their client individually. Unlike a lawsuit, they cultivate a trusting relation with the client's spouse
- Divorce Coach: This person assists the divorcing spouses to overcome the emotional hurdles on way to efficient negotiation. The person may be a psychologist or a social worker or a collaboratively trained counselor
- Certified Divorce Financial Specialist: This individual helps in identification of assets and liabilities. Moreover, he / she develops a strategy to fulfill the economical aims of the spouses. Usually, this person is a collaboratively trained certified public accountant. The involvement of this specialist results in the Property Settlement. This is a formal agreement about property transfers, inclusive of QDROs
- Child Specialist: This professional interviews the children, speaks with them regarding parenting issues and raises voice about the concerns of the children. This specialist may be a psychologist or a social worker or a collaboratively trained counselor. His / Her role is to enable the divorcing parents to reach an agreement regarding parenting and protection of their children
- Vocational Specialist: Useful when a spouse must change his / her job or is unemployed
- Mortgage Specialist: When there is access to real estate equity, economical issues are resolved by this person
- Professional assistants for reasons like individual counseling, alcohol / drug treatment, psychiatric referrals and business valuations
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