What is the difference between Court based Divorce and the Collaborative Divorce Practice?

In the Court based Dissolution of Marriage the parties each can retain an Attorney to represent their interests. If the parties are unable to reach an agreement, while the action is pending the parties can schedule court hearings and request the court enter temporary orders for custody, support and other necessary relief. The parties can also request Discovery be provided by the other party and ask the court for sanctions if the requests are not complied with. They can retain professionals to value assets or determine cash flow at issue. The parties are entitled to a trial on the final issues and the Judge will enter a Judgment on all issues presented.

In the Collaborative Divorce Practice the client is represented by an Attorney and a team of professionals, as needed, and through a series of scheduled meetings work out an agreement suited to their family’s circumstances. This is a solution based system accomplished by reviewing all the alternatives with the team and choosing the one that addresses the concerns of all parties most closely. The parties agree to voluntarily provide all information, financial or otherwise, necessary to make this a successful experience. The parties agree to waive the right to use the court system to address their concerns and to waive the right to have their Collaborative Attorneys represent them if the process fails and the case is litigated.

There are risks inherent in either choice and after consultation on the options, you choose the one that is best suited to your situation.