What does collaborative divorce mean?

What does collaborative divorce mean?

Collaborative law refers to the process of removing disputes from the “fight and win” setting of a courtroom into a “troubleshoot and problem solve” setting of negotiations. Thus, a collaborative law divorce is a process by which parties use mediation and negotiations to settle their divorce.

What is the difference between collaborative divorce and mediation?

In a collaborative divorce, each spouse is represented by a collaborative divorce attorney. On the other hand, the mediation process is facilitated by an unbiased third-party mediator who will not advocate for either party. If the collaborative divorce process fails, both attorneys must withdraw from the case.

Why collaborative divorce does not work?

Remember: You’re Getting Divorced for a Reason There may be issues with communication, personalities, values, and hurt feelings that can make the collaborative process absolutely useless. If your soon-to-be former spouse is a bully, or cheater, or if their attorney is, having the court system can keep them in check.

Is collaborative divorce a good idea?

In order to be a good candidate for a collaborative divorce you should: Have a spouse who is also willing to commit to a collaborative divorce. Be comfortable working with and negotiating directly with your spouse. If you feel intimidated or fearful of your spouse, collaborative divorce is probably not a good idea.

Does my ex wife get half of my 401k?

“I’ve seen 401k participants who’ve been abandoned by their spouses. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.