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What is a lawyer’s role in a collaborative divorce?

On Behalf of | Nov 27, 2023 | Collaborative Divorce

Usually, divorce occurs in court, where a judge can help create an arrangement for you, your former spouse and your children. However, there are ways to resolve issues and draft an agreement out of court. This option is collaborative divorce, a non-adversarial method that may work based on your circumstances.

If you choose a collaborative approach, you will typically settle issues with your former spouse before going to a judge to finalize your agreement. Despite happening out of court, this option still involves lawyers who take on roles as advocates for you and your former spouse. Instead of just providing representation, collaborative divorce lawyers dedicate themselves to helping you accomplish the following:

  • Respectfully raise you and your family’s needs, allowing all parties to consider them when setting up the agreement
  • Assist both parties to resolve issues, providing the option to litigate if unable to do so
  • Bring in the help of other professionals to help coach the divorcing couple, such as financial advisors and mental health specialists
  • Help parties find solutions instead of extending conflicts

For most divorcing couples on good terms, collaborative divorce can be an ideal option to prevent excessive litigation costs and have more control over the outcome. Still, it depends on a case-to-case basis.

Choosing an approach that benefits you and your family

Collaborative divorce can have diverse benefits, depending on you and your family’s requirements. However, it cannot address all divorce issues, especially concerns with safety and security. Sometimes, going to court is necessary in high-risk situations involving incidents of violence or abuse.

When choosing what approach to take, you could seek legal advice and assess your household’s circumstances. By doing so, you and your former spouse can determine if the collaborative option is appropriate.