SC: Collaborative Divorce

For many people, the divorce process can seem far too adversarial and contentious. While the traditional method of divorce works for many, others find it destructive and too damaging when they must stay in contact with their former spouse or simply don’t want such a harsh environment to dissolve their marriage. This makes collaborative divorce a very attractive option.

In a collaborative divorce:

  • Both spouses have their own attorney to ensure their rights are effectively advocated for and that they understand the legal aspects involved.
  • There are few court hearings, stating positions, listing grievances, or very formal processes of discovery.
  • Direct and open communication between spouses and an open exchange of ideas and information is essential to the process.

Both spouses and their teams will meet to discuss their issues and any disputes with the primary goal of resolving the problem and coming to a collaborative solution. They will also have to sign a collaborative agreement that states their intentions to all matters without having to go to a contested trial, better developing communication and disclosure between the couple.

Should either spouse want to take the case to court at any time, both attorneys must cease the collaboration process and may no longer represent the parties. This discourages both parties from pursuing the option of going to trial as they strive to resolve any disputes through mutual agreement, and it makes sure that both parties are completely honest about their intentions in entering the collaborative process.