How does Collaborative Divorce work?
Amy Zylman Shimalla’s Answer:
Collaborative divorce is a process wherein the parties work with their attorneys to settle their case without involving the courts. The goal is a resolution that works for both parties and for their children. 98% of cases settle before trial. In Collaborative, settlement is the focus right from the start. Discussions take place in a conference room, rather than the courthouse. Temporary support and custody arrangements are agreed upon at the first meeting rather than the parties filing motions to the Court. Then the parties and counsel continue working toward a final settlement of all issues. Information and documentation is exchanged voluntarily rather than through formal discovery. Neutral experts are involved as needed. A comprehensive agreement is crafted. When an agreement is reached and a marital settlement agreement signed, a complaint is filed in order to process and finalize the divorce. Some counties allow this process to be finalized with the submission of certain paperwork, other counties require a brief court appearance to finalize the divorce.
Other Videos on Collaborative Divorce:
- How does someone choose the right collaborative lawyer for their unique situation?
- Can the collaborative model be used if there is a business involved?
- Are there any advantages to using a collaborative process rather than litigation for high-net-worth cases?
- Why do the parties have to retain new lawyers if they decide to move from the collaborative process to litigation?
- If a couple is in litigation, is it too late to proceed in a collaborative divorce?
- How long does collaborative divorce typically take? Does it usually require multiple sessions?
- What makes a couple ideal candidates for collaborative divorce?
- Is it possible to achieve resolution via collaborative divorce for a high-conflict couple?
- What are the pros and cons of collaborative divorce?