The Maggio Law Firm Explains the Process of Collaborative Divorce

Collaborative divorce is a way for a couple to get divorced without going through the contentious process of litigation. The goal of a collaborative divorce is for the couple to end their marriage in a peaceful way and to create a plan for the future.

Collaborative divorce is a combination of the mediation and litigation alternatives. The first key factor of a collaborative divorce is an agreement by all parties involved that no one involved will pursue litigation or threaten to pursue litigation. Instead, the parties must agree to amicably work toward an appropriate settlement agreement that is in everyone’s best interest.

“A court battle often results in a display of hostility that can be damaging to families, especially to children. Using the collaborative divorce process is a way to avoid this hostility and foster a sense of cooperation that will protect a family’s interests,” explained Gerald A. Maggio, an Orange County divorce attorney.

In a collaborative divorce, each party hires his or her own team to assist throughout the process. The team consists of an attorney and a psychologist that will be the party’s representatives throughout the collaborative divorce. In addition to these individuals, a financial specialist, usually an accountant, is jointly retained by the parties to assist in the financial items involved in the dissolution. Also, if there are children involved in the case, a child life specialist will be retained as well. Usually this individual is another psychologist who assists in determining custody and visitation matters.

Once these parties have been identified, the collaborative process involves a series of meetings between these parties to reach agreements that are in the best interest of all interested parties, including the children. During a collaborative dissolution, the parties have more control of the process than they would during litigation. This is because they are involved in the decision making each step of the way. Instead of litigating the matter and putting life changing decisions in the hands of a judge, the parties are responsible for making the decisions that will determine their lives.

Collaborative divorce has a great chance of success if all parties agree to work together to achieve a fair outcome and follow the appropriate procedure. In choosing this option, all parties involved can proceed with their lives with much less disruption than other alternatives provide. “The atmosphere of a collaborative divorce is respectful and causes much less stress than traditional litigation. While a collaborative divorce is not right for all couples, it is a viable option for many couples who have children and are concerned with their continued emotional well-being,” noted Maggio.

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