Divorce is stressful because it means change in relationships; finances, parenting roles and to some degree, anxiety about the future. The collaborative divorce process is geared to minimize stress, as it focuses on exploring solutions that address the needs of both parties. Both parties sign a participation agreement that they will act with fairness, mutual respect and candor to their spouse and will work as a team to find the solution that works for their family, and agreeing to resolve all issues before starting a divorce action. This process has been observed to be more cost effective than the traditional approach which is driven by court deadlines and requirements, which may not directly relate to where the parties are in the resolution of their issues. Collaborative Divorce simply beats the alternative of an adversarial, scarcity of resources model provided both parties are willing to fulfill the promises of their participation agreement. Children of parents who select collaborative divorce are benefited by reduced conflict between their parents who have agreed to place the needs of their children ahead of their own. In turn, family financial resources are better preserved for the family’s use, rather than to fuel the adversarial fire.
Shelley Kester, Esq.