Collaborative divorce is not your typical court-based, high-stress divorce. In fact, it is meant to resolve your divorce in a peaceful & respectful team-based approach.
- (Time) Restructure relationships faster with less stress
- (Money) Preserve finances for both parents and children
- (Emotion) Reduce emotional tolls on family
- (Results) Customize win-winâ€ results for both spouses
- (Relationships) Preserve family relationships beyond divorce
- (No Court Hearings) Keeping your matters private.
HOW DOES IT WORK?
1) It starts with a pledge not to go to court.
Spouses and attorneys agree they will not take any contested issue to court
- Attorneys withdraw if an agreement can’t be reached or if one of you opts out of the collaborative process.
Why is this important?
- Both of you can speak freely without worrying that what you say may be used against you in court.
- This approach creates a “safe” environment in which the team can help both of you negotiate.
- Because the commitment not to go to court is a formal agreement rather than just a promise, it builds more trust in the collaborative process, which helps both of you get the results you want.
2) It requires full disclosure.
Everyone agrees to openly share and exchange all information needed, and commits to:
- Respond truthfully to questions and requests for paperwork
- Clarify misunderstandings or errors in information provided
Why is this important?
- Agreeing to provide the information is much less costly than either requesting or demanding formal discovery via your expensive lawyer, especially when you both already have it.
- Your team’s financial professional helps guide both of you through the process, ultimately reducing the time and expense of gathering the financial information for you both.
3) It provides customized results.
The written document that describes the final divorce is called the settlement agreement. Unlike a judge who is restricted by legal guidelines, in your collaborative divorce:
- The Team works as a unit to help you both make decisions based on your specific values and needs;
- The process allows you both to be more creative and to generate more satisfying solutions for your family; and
- Your agreement can incorporate the common goals of both of you for your family now and for issues that may arise in the future (such as education, health issues, moving homes, etc.).
- The results in collaborative divorce are PRIVATE.
- Sensitive family issues, personal information, and financial documents may be kept out of the public file and thereby the public record.
The Law Office of Libby A. McNary practices Collaborative Divorce through Next Generation Divorce. This organization is not a law firm, but a group of caring divorce professionals in the Tampa Bay area who are dedicated to helping our community through Collaborative Divorce resources and services. Each member of this group is trained in Collaborative Law. They want to help families avoid courtrooms and return respect, dignity, and privacy to the divorce process.