Howard and Montgomery County Divorce Attorneys Helping Clients with Collaborative Divorce

What a collaborative divorce entails

A collaborative divorce is an integrative approach for families to reach a non-adversarial legal agreement. In the collaborative process, both spouses are represented by their own attorneys after mutually agreeing to resolve their case through negotiation rather than court action. Even though the process is not always directly overseen by a judge, the plan can become part of a legal divorce or separation agreement, so due care should be exercised during the creation and negotiation process.

At McCabe Russell, PA, we work with individuals and parents, along with an array of well-qualified professionals to effectively achieve ambitious yet attainable plans for our clients and their children during the process of separation and divorce, and to ensure the physical, mental and emotional health of the family unit in the years to come.

There are usually five topics covered in the documentation of a collaborative divorce:

• Managing individual personal growth
• Financial concerns
• Family concerns
• Co-parenting issues
• The hassles of daily living as a single individual/parent

We identify and give precedence to our clients’ needs and the needs of their children. Often, outside professionals are brought in to give direction on specialized matters such as family finances, ongoing mental and emotional support, and property division.

When is a collaborative divorce appropriate, and when is it not?

Creating a collaborative divorce plan is quicker than a drawn-out court battle, but time still needs to be dedicated to working through any and all potential issues, via discussion and negotiation. It is also unlikely that either party will see every issue debated have a favorable result — this is a process embodying compromise. If either or both participants do not have a realistic outlook or are unwilling to find a mutually agreeable middle ground, the process may not be successful. For those who can be flexible in pursuit of a greater goal, the happiness and comfort of a child or children, collaborative divorce may be the right route to pursue with the guidance of a knowledgeable attorney from McCabe Russell, PA.

If, however, you or your children are being abused, or if your spouse is engaging in illegal or frightening behaviors, then your primary concern should be safety, not compromise. If your spouse is non-communicative, unwilling to give an inch, or has refused to accept that the marriage is over, collaborative divorce is not for you.