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family law

Collaborative Divorce

A structured non-litigation process in which both spouses retain specially trained attorneys who agree in writing to withdraw if the matter cannot be settled, encouraging negotiated resolutions.

Encyclopedia entry: Collaborative Divorce

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collaborative divorce

Collaborative divorce refers to a method of divorce based on collaborative law where the spouses negotiate a divorce agreement alongside different professionals in a cooperative manner. Collaborative divorce is a newer method for resolving difficult areas in a divorce such as child custody and property division, and the method is normally used where the spouses are not on bad terms as often is the case. The hallmarks of collaborative divorce are that each side hires a lawyer, and they all sit down usually with specialists such as a divorce coach or finance specialist to resolve disagreements. Also, neither party can use or threaten to use the court system in the meetings. If they do, the collaboration meetings will cease, and each lawyer can no longer be involved in the dispute. Parties can save money by using collaborative divorce instead of going through costly, difficult litigation

[Last reviewed in June of 2021 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.