In a collaborative divorce both spouses and their attorneys must agree, in writing, to use their best efforts to negotiate a settlement of the divorce action. Both attorneys and both spouses have considerable incentive to successfully conclude a negotiated settlement of your case.
- The written agreement requires both attorneys to withdraw from the case should settlement negotiations reach an impasse and contested litigation follow.
- If a non-attorney expert, such as an accountant, financial planner, mental health counselor or appraiser, be needed then typically a single person is chosen by both sides. The expert will provide unbiased assistance, will favor neither side, and will owe no allegiance to either side.
- Documents and information must be freely and honestly exchanged. If a resolution is reached, a Marital Settlement is signed, an uncontested divorce action is filed, and a very short uncontested final hearing concludes the divorce action.