The Participation Agreement in Collaborative Divorce

Collaborative divorce is a modern way of handling divorce in a more amicable way. It is a good option for couples who want to retain some control in their proceedings and have the ability to work things out with the help of their attorneys.

Collaborative Divorce - The Participation Agreement

When you decide to agree to handle your divorce through the collaborative process, you will be provided a collaborative divorce participation agreement. Each party to the proceedings must sign the agreement, since the process requires the participation of both spouses. If one spouse does not wish to participate, then you can not handle your divorce in this way.

Here are some things to look for in your collaborative agreement and some things you should know about it:

• Each party must sign the agreement for it to be valid.
• Your attorneys must agree to the collaborative method. This means that they agree to not file any litigation in court while you attempt to handle your divorce through collaboration.
• All parties agree to not take advantage of missteps by the other side.
• You will agree to behave courteously and in good faith. Cooperation and positive communication are at the core of the collaborative process. Your attorneys should act as facilitators to assist with cooperative communications.
• Settlement meetings are confidential, meaning you must keep what is said there to yourself.
• The parties agree to disclose all important information and not hide information.
• If any experts are hired, they will be neutral - not in favor of one side over the other.
• If you are unable to come to an agreement through the collaborative process, and you choose to proceed with a court handled divorce, then you will both have to hire different legal counsel before proceeding. Your attorneys who handle your collaboration are not allowed to represent you in divorce court. This is an important provision of all collaborative agreements because it means the parties will likely be more dedicated to the process. It also means, your divorce will be expensive if you proceed to go to court instead of completing the collaborative process.

Getting Legal Help

If you still have questions about the participation agreement or other facets of collaborative divorce, contact a collaborative divorce attorney today to get your questions answered. An attorney will advise you of your rights and help you assess your situation to decide if collaborative law is a good option in your divorce.