What is a collaborative divorce?

A collaborative divorce is an alternative to going through the court system for couples who are seeking to dissolve their marriage. In a collaborative divorce, the divorcing couple agrees to work together, with the help of their respective attorneys, to arrive at a mutually agreeable outcome in regards to the division of assets, child custody and other key matters. In West Virginia, as in many other states, couples can opt to pursue a collaborative divorce rather than taking their case to court. The process begins with the couple, their respective attorneys and any other professionals the couple may choose to bring into the discussion (such as a financial expert or mental health professional) to sign an agreement to keep all discussions confidential and to negotiate in good faith. Once in agreement, the couple and their attorneys will jointly negotiate the matters of the divorce, which can include determining a fair division of assets and debts, child support and custody issues, and any other matters the couple may need to resolve. If the couple can come to an agreement, the attorneys will then draft all the necessary paperwork and prepare the final divorce decree for the judge to sign. A collaborative divorce can be beneficial for couples as it is usually less expensive and time-consuming than traditional court litigation. It can also provide a more peaceful and respectful way for the couple to dissolve their marriage and often allows them to maintain a better relationship after the divorce is finalized.

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What is a collaborative divorce?

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