Is Collaborative Divorce Right for Me?

It is certainly no secret that going through a divorce can be overwhelming, challenging and sometimes contentious. It can involve time, multiple attorneys, and in some cases, hours of court time and litigation. However, the process does not have to go this way. There are alternatives which can make things a bit easier for you.

Collaborative divorce is an alternative to traditional divorce where each spouse retains their own attorney to help them reach an equitable and mutually agreeable out-of-court divorce agreement. The goals for the spouses and their respective attorneys is the same – to resolve issues privately and without going to court. Everyone works on the basis of good faith to find solutions that best address the needs of the family.

Your collaborative divorce attorney is professionally trained to handle the aspects of this type of divorce.

Collaborative divorce vs. mediation

There are several important differences between collaborative divorce and mediation. With mediation, one neutral professional facilitates communication between the couple as they settle details regarding their divorce. Mediators are not allowed to provide legal advice and cannot advocate for either party.

How can a Maryland collaborative divorce lawyer help?

Collaborative divorce lawyers work both with their clients and each other to find a mutually agreeable solution without going to court. All parties have an incentive to stay out of court, as the attorneys are disqualified from representing their clients in the courtroom if the process comes to an impasse.

In the collaborative divorce process, the goal is to exchange information in a transparent and voluntary manner in order to find an agreeable solution. All parties should be in problem-solving mode rather than attack or defensive mode.

Who can benefit from a collaborative divorce?

If you and your partner need to stay on good terms post-divorce – perhaps you have children and need to co-parent in a civilized manner – collaborative divorce can be a great option.

Other cases where collaborative divorce can be beneficial include:

• Non-traditional parenting requirements. Collaborative divorce may be a good idea if you and your spouse need to set up a specialized parenting arrangement. Maybe your child has special needs and requires special care, or perhaps you or your ex have revolving or unusual work hours. This type of divorce agreement can allow highly specialized parenting plans.
• Complicated money issues or family businesses. Couples with a high net worth or who own a business or investments together can also benefit from this type of divorce. The collaborative process can provide a deeper and more transparent level of financial support and division of assets, without tearing each other apart.

Collaborative divorce can help eliminate the negativity, ugliness, and drawn-out court battles that can come with a high-conflict divorce. If you and your soon-to-be ex are able to work together in collaborative divorce, this can help you both focus on your future, your children, and moving on in a positive manner.

The Fulton family law attorneys at McCabe Russell, P.A. are here to guide you through the divorce process with experience and knowledge. We’ll represent the best interests of you and your family. To speak with a lawyer serving Howard County clients, please call 443-812-1435 or fill out our contact form. We also maintain offices in Columbia, Bethesda and Rockville.