Collaborative Divorce takes a peaceful approach to the entire divorce process. This saves a whole
amount of time, financial and mental drain. Lesser drama = faster process.
Collaborative Divorce is an out-of-court settlement where each party is being represented by an
attorney trained in Collaborative Law. These attorneys are being paid to settle the divorce outside of
court. Their main goal is to achieve a settlement that includes the best interests of both parties. Should
one of the parties seek a trial, both of the attorneys must withdraw and the parties must seek new
representation.
Collaborative Divorce is different from mediation or other alternative dispute resolution relating to the
divorce process. It is a process where both parties enter into it voluntarily. The goal of collaborative
divorce is to arrive at a mutual agreement to avoid a bad outcome in court. The settlement agreed upon
will include individual or mutual goals that include their children’s best interest.
An additional benefit of a collaborative divorce is that it allows the parties to set the terms of their
agreement themselves instead of the court deciding for them. Many people opt for it because the
resolution is usually faster and less expensive than a typical court proceeding.
Nowadays, collaborative divorce is being presented as an option instead of the traditional divorce
process. This is because of the increase of docketed cases in court and with the present times, not
everybody has the time, energy and financial resources to go to court for such proceedings.
During the process, spouses will still experience some stress discussing the end of their marriage, but it
is much less stress than in traditional litigation. A collaborative divorce should help partners reach a win-
win situation but remember there is no winning in a divorce. One way or the other, you are losing a
relationship in which you invested a lot.
For couples wanting a more controlled and structured divorce, the best avenue would be collaborative
divorce. It promotes less stress, less tension, less time and less expense. Most of all, both you and your
partner call the shots on how to end something that once made the both of you happy. You will end the
process with a marriage separation agreement and an uncontested divorce.
Cherise L. Williams, is an advocate and lawyer trained for collaborative divorce. She practices family law
and is based in Maryland and DC. To explore your options feel free to reach out to us.