- Collaborative divorce utilizes mediated negotiations between spouses, with the assistance of collaboratively-trained attorneys and financial professionals. The goal is reaching mutually agreeable terms for property division, spousal/child support, custody and other issues.
- Unlike contested divorce, collaborative divorce happens outside of court through a series of settlement meetings. This allows couples to work through concerns, avoid courtroom arguments, and prioritize problem-solving.
- The collaborative process requires a written participation agreement between parties. This agreement establishes respectful participation expectations and a commitment to disclose all relevant information.
- A key characteristic of collaborative divorce is that the attorneys and other participating professionals cannot litigate the case or take any unresolved issues to trial. This incentivizes finding common ground. However, either spouse can opt out and switch to litigation.
- Before starting, the attorneys help each spouse value marital assets, explore options, and consider optimal scenarios. Joint meetings then focus on needs, goals, and crafting settlement terms. Financial specialists can also be engaged.
- Collaborative divorce can foster lower costs, reduced stress for all parties, and greater long-term satisfaction with the outcome. It also provides more privacy since negotiations are confidential. However, the voluntary nature means its success depends on both spouses negotiating in good faith.
Amiel Wade
Founder and Managing Partner
Amiel is the firm’s Founder, President and Managing Partner. He specializes in civil litigation, conducting jury trials in complex cases and in helping individuals and businesses in every phase of their development. He has been practicing law for over twenty-five years. He also has served as both a judge pro tem and an arbitrator for the Santa Clara County Superior Court, and has guest lectured at Stanford University.
Author's Bio