Once all issues are resolved, the attorneys draft a detailed agreement, which is then submitted to the court for approval. Can collaborative divorce really provide for a stress free, low conflict, cost effective solution? Collaborative divorce provides a less stressful, low-conflict, and cost-effective solution compared to traditional litigation. The key elements of the collaborative process are free and open communication, transparent and honest exchange of information, a pledge not to go to court, and a commitment to respect both spouse’s goals and the needs of the whole family. By promoting open communication and cooperation, participation agreement serves as the foundation of the collaborative process. It ensures that spouses are provided with comprehensive disclosure and informed consent. This transparency allows the spouses to understand their responsibilities within the process and the governing guidelines they must adhere to. The agreement specifies that no court action will be taken. In the event either spouse or any professional involves the court, the process ends as does the engagement of the professionals involved. The spouses, along with their attorneys and other professionals, participate in a series of sessions to identify issues, gather information, discuss goals and the best interests of the children, and ultimately build scenarios for resolution. When necessary, other experts such as appraisers or business evaluators, may be consulted to provide insights and recommendations. 22 LAWYER MONTHLY JANUARY 2024 Collaborative divorce provides a less stressful, low-conflict, and costeffective solution compared to traditional litigation.
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