What is Collaborative Divorce?

Collaborative divorce is the newest form of divorce in the United States. Developed in the early ‘90s, collaborative divorce focuses on a non-litigious resolution to divorce proceedings in which both parties and their respective lawyers agree to reach a mutually satisfactory conclusion.

One of the hallmarks of collaborative divorce is the Participation Agreement to which the parties and their lawyers agree. The Participation Agreement ensures that the parties and their lawyers will work for a conflict-free resolution. Both clients agree not to start any litigation during the proceedings. For their part, the lawyers agree to withdraw their services should litigation arise and to not represent their clients in any resulting proceedings.

If you are interested in more information about the collaborative divorce process, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP by calling 760-722-7646.

The Participation Agreement

The Participation Agreement usually includes the following stipulations:

  • Both parties will act courteously and in good-faith, and neither side will take advantage of mistakes or errors made by the other party
  • Both parties will act in the interest of any children produced by the union, and will attempt to mitigate any emotional damage incurred by the divorce
  • Any experts retained will be neutral
  • The parties will disclose all important facts and will not try to hide necessary truths
  • Anything said in the settlement meetings is confidential

Contact Us

The decision to purse a divorce is never an easy one to make, but if you or someone you love is considering it, contact the San Diego divorce attorneys of Fischer & Van Thiel, LLP by calling 760-722-7646.

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