What is a collaborative divorce?

A collaborative divorce is a process used by separated or divorcing individuals to reach an agreement without going to court. In a collaborative divorce, each person has their own lawyer who will advise them throughout the process. The lawyers help the couple work through their issues in a respectful and productive manner to come to a mutually satisfactory resolution. In Delaware, couples who choose to go through a collaborative divorce rather than traditional litigation must sign a contract with their lawyers that outlines their commitments to the process. This contract states that they will attempt to find solutions without the involvement of the court or any external sources. Divorcing couples must disclose all relevant information to their lawyers and work together in good faith to craft a fair divorce settlement. Throughout the process, the parties and their lawyers meet to discuss the issues on the table. This is different from a traditional divorce in which the lawyers negotiate on behalf of their clients. In a collaborative divorce, the parties decide the outcome for themselves. When an agreement is reached, the lawyers draft the documents that formalize the arrangement. After both parties have signed, the document is presented to the court and a judge will review it to ensure that it is in the best interests of all parties before making it legally binding. Overall, a collaborative divorce is a great way for separating couples to create a fair and respectful agreement while still having the assistance of their attorneys. It is a less adversarial way to address disputes than traditional litigation and can save a lot of time and money.

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