Collaborative Law was first proposed by an attorney in Minnesota, recognizing the negative impact that litigation has on divorcing clients and their families during a divorce proceedings. Collaborative Law, also known as “collaborative practice” or “cooperative law”, is a process where divorcing parties resolve their issues and settle their differences through negotiations, after each provides the other with full and honest disclosure of all information.
Collaborative Law is a voluntary process in which the parties, with the assistance of their respective lawyers and perhaps with other Collaborative professionals, such as accountants, appraisers and mental health experts, make decisions regarding their lives. These decisions are based on their understanding of their own views, each other’s and the reality they face, without resorting to litigation or threats of litigation. Therefore, you can divorce amicably without going to court.
While historically, divorce has been viewed as “going to war”, war does not help anyone, especially the children. Parties must keep in mind that when their divorce is eventually granted, while they will no longer married to each other, they will still be the parents of their children and there will be an amount of co-parenting and interaction between them for their entire lives. Studies have shown that children are not permanently damaged by their parents going through a divorce, but how they went through it; peacefully trying to resolve the issues or going to war.