Collaborative Divorce
Collaborative
Divorce is gaining in popularity
with couples who have similar goals
and objectives in divorce.
The collaborative process differs
from litigation because both parties
are represented by attorneys who
agree upfront not to represent the
parties if they decide later to
litigate. This agreement is
designed to incite the attorneys to
participate fully in the
collaboration process. The
collaborative process has many
benefits for couples who believe
that they can work out their
differences; and, when all parties
seek transparency.
During
collaborative divorce, in addition
to the attorneys, another key player
is the financial professional.
The financial professional
works with both spouses to collect
financial data and begins the
tedious task of separating assets.
Remaining neutral throughout
the process, the financial expert
will advise the attorneys on the
complex financial aspects of the
marital estate and ensures both
parties are fairly represented,
financially, in the settlement.
A financial expert levels the
playing field when the understanding
of financial concepts is different.
The
collaborative divorce practice is
beneficial for a number of reasons.
Mainly, it encourages both
parties to work together to come to
an agreement without the sometimes
hostile environment of a court case.
Often, families with
children, who are affected
emotionally by a divorce, will seek
a collaborative divorce to ensure
the well being of the children is
the highest priority.
Also, high profile clients
who wish to keep the process private
find that collaborative divorce
attracts less media attention.
The process is successful and it
generally leads to lower overall
costs.
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