We've been hearing more and more about collaborative divorce in the
media. Though this promises in certain divorce matters to be less contentious
than taken the case through court, it requires a level of commitment from
all the parties involved to be successful.
Parties to such a divorce do need to be collaborative. This can be difficult,
however, because individuals are often blind to their own faults. While
these individuals may deem the actions they take as being collaborative,
the evidence may point to another conclusion.
Unfortunately, there are certain types of personalities for which a collaborative
divorce would likely be well-suited. However, if the two spouses are determined
to make the process successful there is a better chance that the whole
experience will be a positive one.
Even in a collaborative divorce, the needs of the children must be taken
into consideration. In certain circumstances a child specialist is brought
in to make certain the child's concerns are addressed.
The collaborative process to be successful will require adequate communication,
understanding by both parties, and a safe environment where trust and
respect are fostered. The attorneys involved also will need to bring in
a feeling of trust for the process to work.
It does need to be kept in mind that there is no such thing as a divorce
process is easy. This applies even to collaborative divorce. The process
can often begin as a result of unhappy circumstances while eventually
becoming more positive as it moves towards resolution.
Many good family law attorneys will work towards a
constructive divorce settlement that is amiable in nature. At the same time, one's interests need
to be protected during the divorce. Therefore it's always a good idea
to receive confidential legal advice to make certain that whatever divorce
process is chosen is the right one.
Source: Huffington Post, "What Is Required to Make Collaborative Divorce Truly Collaborative?" Mark Baer, June 3, 2014