As an Attorney who represents clients in both Traditional and Collaborative divorce cases, I am fully familiar with the many benefits of the Collaborative process. Here are just some of the reasons why Collaborative Divorce appeals to me:
The parties start on equal footing. In the Collaborative Divorce process, nothing is filed with the court until after the parties have come to an agreement on ALL issues. This process allows all parties to feel that they are heard and empowered. There is no “plaintiff” or “defendant” opposing each other, often drawing out divorce unduly and making it more stressful, as there is with traditional divorce.
Open and transparent sharing of information. In the Collaborative process, the parties agree to free exchange of information. This includes all financial information and negates the need for a formal, and often costly, discovery process.
More negotiations happen at the table between the parties. Everyone wants and deserves to be heard during this highly emotional time. Negotiations in the Collaborative process are primarily done with all parties at the table, which means more creative and workable solutions. And often less negotiation is necessary between the attorneys — and there’s no interference from the Judge pressuring the parties or attorneys between Collaborative sessions.
The parties are encouraged to fully discuss the topics that are important to them. Unencumbered by the Court’s rigid timeline and structure, the Collaborative process lets parties go at their own pace. If the parties feel they need more time to discuss custody issues or financial issues, the process allows and encourages the parties to take that time.
The parties begin with an AGREEMENT. In my opinion, the most important advantage of Collaborative Divorce is that the parties start from a place of agreement, not conflict. They do that by signing a participation agreement, committing themselves to proceed Collaboratively.
To learn more about Collaborative Divorce and how it can work for you, please look through our Collaborative Attorneys and contact one in your area.
About the Contributor | Matthew Govan, Esq. a Portland resident since 1999, obtained his law degree from the University of Maine School of Law in 2003 and later obtained his master’s degree in Social Work from the University of Southern Maine at Portland in 2012. He has been a Family Law attorney and a Guardian Ad Litem since 2005 and became active with the Collaborative Divorce process in 2013. He is a founding member and board chair of the Maine Collaborative Law Alliance, as well as a member of the Maine State Bar Association and the Maine Guardian Ad Litem Institute.
When contemplating or going through the divorce process, you understandably look for a professional or professionals to provide you with advice, direction and advocacy. If your situation is amicable and relatively simple, you may just want confirmation that you have completed all necessary forms correctly and have not forgotten anything important. Often people come to meet with me to discuss the “what ifs” and learn what they might expect in the way of property and debt distribution or child contact if they decide to proceed with a divorce, whether it is now or in the future. When there are significant trust issues or more complicated property/debt circumstances, you are most likely looking for someone who will not only give you direction but will also protect your interests.