As a divorce attorney for over 25 years, I am often asked about the best way to proceed. While each case should be evaluated on its own merits and consideration may be given to multitude of options, as a general rule the majority of clients who proceed with the Collaborative Process are more satisfied with the process as well as the results.
Essentially, collaborative divorce allows the parties to control how the divorce looks and what is important. They utilize collaborative professionals – attorneys, financial advisors and family law specialists, to assist in achieving the desired outcome. The process generally begins with discussion of what Collaborative law is and how it differs from traditional litigation. Once both parties agree, they review a collaborative agreement and sign the contract.
The next step generally involves setting forth goals and objections that the parties hope to achieve. The goals of the Collaborative Process are to help the couple define and implement the settlement that best meets the needs of their family, and to help the parties learn new skills for more effective communication, conflict resolution and post-divorce co-parenting.
In order to accomplish these goals, professionals are available to work together as a team. A Collaborative Team can be any combination of professionals that the parties choose to work with to resolve their issues. The attorneys can help the clients decide which professionals are best suited to their needs.
Central tenets of the Collaborative Process include:
- A promise to reach a resolution without court intervention or the threat of court intervention.
- A pledge that if either party seeks court intervention both attorneys must withdraw from representation.
- A promise by all participants to negotiate in good faith by remaining open and flexible, disclosing all pertinent information and using constructive and respectful communication methods.
- An agreement that all communications that occur during, as well as all documents prepared in connection with, the Collaborative Process are inadmissible in any future court proceedings.
If you would like to know more about the process, contact Michael Bouldin or any other attorney who is collaboratively trained. The website has more information about process and list of those professionals in the area that are part of the Northern Kentucky Academy of Collaborative Professionals. Call Mike Bouldin at 859-581-6453 (581-MIKE) to schedule a consultation.