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A collaborative divorce is an uncontested divorce in which a couple decides to work out a settlement without going to court. They agree to retain an attorney trained in the collaborative divorce process, disclose all financial information, and work toward agreement on all matters, including asset division, spousal support, and child custody.

The attorney's assistance differs from the legal representation generally seen in a traditional divorce where each party's attorney fights to get the best settlement for their own client. A collaborative divorce attorney doesn't function as a litigator but rather pursues a settlement for both parties. Although the final agreement reached in the collaborative process must be approved by the court, it's a more customized arrangement specific to the couple and their family.

Furthermore, a collaborative divorce attorney works with others with a collaborative focus that can assist in the divorce process including certified public accountants and those with a mental health focus, all who are experienced in guiding the family through a fair but peaceful divorce process.

A collaborative divorce has many advantages over a traditional divorce including:

More control. In a collaborative divorce, the spouses are the primary adjudicators of their divorce, not a mediator or a judge. Although your attorney helps you negotiate a settlement, you communicate directly with one another to come to a mutually beneficial resolution.

It costs less. The spouses retain an attorney who acts to facilitate a divorce that best benefits the family rather than two attorneys who function as gladiators fighting against one another.

It takes less time. The collaborative divorce also takes less time than a traditional divorce because everyone is working toward the same goal of settlement rather than resorting to lengthy litigation.

You get professional assistance throughout the process. The attorney works with other collaborative professionals who are available to facilitate where needed. These might include financial planners, divorce coaches, and child therapists who work for both parties.

Collaborative divorce isn't for every couple, for example, those with an unequal power dynamic, couples who won't communicate with one another, or those who don't trust the other to disclose assets. But it's a good option for couples when:

• Both parties are respectful to one another.
• Both parents want to protect the children and put the children's best interests before their own.
• Both parties want to keep details of their divorce out of a courtroom.
• Both parties share power in their relationship. Neither party controls nor are abusive to the other.
• Both parties see the benefit of working with someone with a collaborative focus.

While a collaborative divorce is less adversarial than a traditional divorce or mediation, couples need to have the guidance of an attorney trained in the collaborative process. The attorney can also assemble the team of neutral collaborative professionals needed to address each couple's specific needs. In collaborative divorce, you're in control.

Whether you're thinking about divorce or the process has begun, call The Law Office of Glen A. Norton today to discuss whether or not a collaborative divorce will work for you. Better results can often be achieved by avoiding a courtroom battle.