What is the collaborative divorce process?

The collaborative divorce process is a form of alternative dispute resolution (ADR) available in Delaware. It is a voluntary, private, and confidential process in which both parties to the divorce retain their own attorneys who are trained in the collaborative law process. The parties and their lawyers sign a written agreement committing them to negotiate a satisfactory resolution of all issues related to the divorce without going to court. The parties and their attorneys agree to full disclosure of all relevant information, to work collaboratively and cooperatively to identify areas of agreement, and to use methods that are respectful and help to create solutions that are beneficial to both parties. Generally, the parties will first meet together in a “four-way” session with their attorneys to identify and prioritize the issues that need to be addressed in the divorce. This may include issues related to parenting, division of assets and debts, support, and any other matters pertinent to their divorce. The parties and their attorneys will then meet in separate sessions to discuss the issues, explore various solutions, and attempt to negotiate an agreement on each issue. After each round of negotiation, the parties can reconvene in the four-way session to review their progress and attempt to reach a mutual agreement on all of the outstanding issues. If an agreement is reached, the attorneys will draft the necessary documents to memorialize the agreement for submission to the court. If the parties are unable to reach an agreement, they may choose to terminate the process and pursue other forms of dispute resolution, such as traditional court litigation.

What is the collaborative divorce process?

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