Divorce often brings images of intense arguments, bitterness and contentious fights. Traditional divorce litigation only increases the likelihood of these outcomes. Litigation can exacerbate the difficulties in a relationship and make cooperation difficult, if not impossible. There is another way for a couple to work together to achieve a mutually agreeable settlement.
With a collaborative divorce, you take control of your future. This process permits you and your spouse to find constructive ways to dissolve the marriage. We feel, at Maura Barrett Law, that collaborative divorce is often superior to traditional litigation as it fosters an atmosphere of respect and problem-solving that is simply not possible when trapped in a court battle. This atmosphere is healthier for you, and it minimizes the impact on your children.
In the collaborative process, you work with a team of professionals who are all dedicated to finding constructive solutions to divorce-related issues. With the help of your attorney, financial specialist, divorce coach and child specialist, you can use the collaborative process to decide all the issues that arise in divorce, including:
When spouses, attorneys and other team members are committed to finding workable solutions, the process is powerful. The commitment to negotiate respectfully is the cornerstone of collaborative divorce. In fact, at the beginning of the process, you, your spouse and your attorneys all sign an agreement pledging to stay out of court. This gives everyone an incentive to communicate openly and work toward long-term solutions.
It is possible to end your marriage the way it started: with both of you reaching an agreement. The collaborative divorce process can help get you there.
Because collaborative divorce is a more recent development, many people are unaware of what is involved in the process. You should think of it as a four-stage event. In the end, the ultimate goal of the process is to reach a settlement that tries to meet the needs of all concerned.
Collaborative divorce uses a team approach designed to let you work with professionals who are specifically trained to handle the issues that must be resolved in your divorce (child custody, support and property division). The initial phase of the collaborative process therefore involves:
The goal is for everyone involved to understand the emotional, financial and behavioral circumstances that make your family unique. It involves:
The collaborative process is about respecting and understanding the interests of both yourself and your spouse. With the help of the divorce coach and the other members of the team, you are empowered to:
Without going to court, and without the stress and emotional harm caused by a long battle, it is often possible to reach a satisfying resolution more quickly and much more peaceably. This final stage is about:
At Maura Barrett Law, we believe in the collaborative divorce process, and we believe it can work for the vast majority of couples. By fostering cooperation instead of an adversarial atmosphere, we have found that collaborative divorce allows clients and their children to move forward in life more quickly and in a healthier manner. Call our our town of Poughkeepsie office at 845-486-4300 to schedule your initial consultation with us, or email us here.
It’s a voluntary, non-adversarial process where both spouses and their lawyers commit to resolving issues outside of court through open communication and respect.
Mediation involves one neutral facilitator, while collaborative divorce uses a team — including both attorneys, financial specialists, and sometimes mental health professionals.
It ensures that everyone is committed to reaching a resolution without litigation. If the process breaks down, new counsel must be retained to proceed in court.
The team may include financial planners, divorce coaches, and child specialists to help address every aspect of the divorce holistically.
Usually, yes. Because the process focuses on cooperation rather than litigation, many couples reach agreements more efficiently.
It promotes privacy, reduces emotional strain, protects children from conflict, and allows couples to design creative, personalized solutions.
No. It works best when both parties are willing to negotiate in good faith and communicate openly.
If you and your spouse want to end your marriage peacefully and cooperatively, collaborative divorce can help you move forward with dignity.
