Collaborative Divorce
A voluntary dispute resolution process where both spouses and their attorneys agree to negotiate a settlement without going to court. If negotiations fail, both attorneys must withdraw.
Understanding Collaborative Divorce
Collaborative divorce involves a team approach: each spouse has their own collaboratively trained attorney, and the group may include a financial neutral, a divorce coach, and a child specialist. All parties sign a participation agreement committing to transparency, good-faith negotiation, and staying out of court. The key incentive is that if either party goes to litigation, both collaborative attorneys must withdraw, and both parties must hire new counsel — creating a strong financial motivation to settle. It typically costs less than litigation and preserves relationships better.
Real-World Examples
Both spouses agree to collaborative divorce, each hiring a trained collaborative attorney, and they reach a settlement in four meetings over three months.
Related Terms
A court-sponsored process where a neutral third party helps divorcing spouses explore whether reconciliation is possible or, if not, reach an amicable settlement.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
Dissolution of MarriageThe legal term for divorce — the formal ending of a marriage by court order. Some states use this term instead of 'divorce' in their statutes.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.