Understanding the Collaborative Divorce Process, Part 1: What it is and How it Works

Divorce can often be challenging, emotionally overwhelming, and stressful. However, it’s important to understand that litigation in the courtroom isn’t the only way to divorce in Maryland. The collaborative divorce process is an alternative dispute resolution method that allows couples to part ways amicably and cost-effectively — while deciding the outcome of their case between themselves. In Part 1 of this two part blog series discussing collaborative divorce, we will explain what the collaborative process is, how it works, and the benefits it offers.

What is the Collaborative Divorce Process?

The collaborative divorce process is a method that can be used to divorce without involving a judge or engaging in lengthy court proceedings. When couples choose to utilize this process, they can negotiate all the terms of their divorce and tailor a resolution that meets their individualized needs. With the help of their attorneys and the team of collaborative professionals they assemble, a couple can work together to determine property division, alimony, debt allocation, child custody, and child support — and reach a settlement that they both find acceptable.

How Does the Collaborative Divorce Process Work?

There are several steps in the collaborative divorce process and a number of meetings will be held throughout the process. Typically, the parties will meet with each other, their collaborative attorneys, and members of the collaborative team to identify issues in the case and discuss how they can be resolved. Importantly, spouses will be given the tools they need to communicate and understand the other’s viewpoints. The objective of collaborative divorce is to find a win-win solution that works for both parties.

Here is a basic outline of the steps in the collaborative divorce process:

1. Ensure both parties are willing to participate — The collaborative divorce process must start with a conversation between the spouses to ensure they are both willing to participate. If either party does not wish to take part in the process, it will not work.
2. Retain a collaborative attorney for each spouse — Each spouse will need to retain their own attorney for the collaborative divorce process. The parties and their attorneys will sign a collaborative participation agreement. Once the collaborative participation agreement is signed, if the parties cannot reach an agreement in the collaborative process, the attorneys will be required to withdraw from the case and the spouses must find new counsel for litigation.
3. Assemble the collaborative divorce team — The collaborative divorce process involves a team of professionals that is assembled based on the issues that must be resolved in a case. It can include a financial professional, a divorce coach, a mental health professional, a child specialist, and other neutral professionals who can help the spouses find satisfactory solutions.
4. Exchange information — Both parties must make full disclosure and openly exchange all relevant information with each other, including information about their assets, debts, and income, in order to reach a settlement. Collaborative is designed to be a transparent, and confidential out-of-court process.
5. Draft a settlement — After the parties have negotiated a settlement, the terms will need to be compiled into a formal Collaborative Separation and Property Settlement Agreement. This document must be signed by both parties and submitted to the court.
6. The divorce judgment is issued — Once the Collaborative Separation and Property Settlement Agreement has been submitted to the court, it will be reviewed by a judge who will determine whether it is fair. The judge will then sign the document and it will become a binding order. Both parties are required to abide by the terms of the judgment.

At every stage of collaborative divorce, spouses must be transparent and agree to communicate respectfully. The spouses must also agree not to resort to litigation at any time during the process. Significantly, the collaborative process can allow for more creative and cost-effective outcomes than litigation. It can also reduce conflict and promote communication — which is essential for an effective co-parenting relationship in the future.

What are the Advantages of the Collaborative Divorce Process?

There are many advantages to using the collaborative divorce process. In addition to avoiding a contentious battle in the courtroom, collaborative allows spouses to remain in control of the outcome of their case. Rather than let a judge decide the issues, parties can structure their settlement in a way that works best for them and their family.

In addition, the collaborative divorce process can help to minimize the impact of divorce on children. With a focus on problem-solving, the process allows parents to prioritize the needs of their children by addressing potential issues early on and keeping family matters private. When parents work together with trained child specialists and other professionals, they can develop healthy co-parenting strategies that will model conflict resolution for their children.

Collaborative divorce helps to preserve relationships and places an emphasis on what will happen in the future, rather than the events of the past. Unlike traditional litigation, the collaborative divorce process allows couples to find creative solutions that will work for their unique situation. Often, a resolution can be reached faster than by litigating in the courtroom because the focus is on compromise rather than conflict.

Learn More About the Collaborative Divorce Process

The collaborative divorce process can offer many advantages, including efficiency, privacy, and cost-effectiveness. If you would like to learn more about collaborative divorce, an experienced divorce attorney can explain the process and discuss whether it is right for your case. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to helping clients find tailored solutions for their specific situations.

Contact Us for a Consultation

Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, at the Law Office of Shelly M. Ingram, we will help you reach an amicable resolution to your divorce matter. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.