Modified Collaborative Divorce is a Smart Choice for people in certain circumstances.  Going through a divorce can be tough, stressful, and costly. While it might not be as dramatic as what you see on TV, it’s still a difficult process. Divorces often involve lawyers, take a lot of time, and can be expensive, sometimes even requiring a long trial.

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However, If you and your spouse can’t agree on everything, a single attorney (a neutral third party) can help guide the conversation and help you resolve your differences.

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A collaborative divorce is a way for couples to settle their divorce terms without fighting in court and resolve all issues, and save a significant amount of money. The money saved is better spent on preparing for separate lives. This involves the couple using the services of one attorney they jointly pay for as a neutral advisor who provides legal guidance. In addition, outside experts may be used to further mediation, asset distribution, and child custody issues.

1. Starting the Process:
   The first step in collaborative divorce is a discussion between the spouses to make sure both are willing to negotiate and work together. If one of you isn’t open to it, collaborative divorce won’t work. 

The goal is to find an equitable division of assets and liabilities. As well as fair child custody, visitation, spousal support, and child support arrangements that meet statutory requirements and are in the best interest of the child. ​You’ll meet with your attorney both privately and jointly to discuss what you want out of the divorce and how to achieve a win-win result. 

It is critical that both spouses fully disclose important financial information like tax returns, salary details, and any assets or debts. Since collaborative divorce doesn’t involve formal discovery (where each side gathers information from the other), both parties must trust each other to be honest. If one spouse tries to hide assets, the process might not be beneficial.

Once both parties have negotiated all the terms, their attorneys will draft a settlement agreement. Once signed, a judge will approve it, and the divorce becomes final.

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A collaborative divorce works best when both spouses are willing to cooperate and negotiate fairly. If you and your spouse have a history of domestic violence or poor communication, a contested divorce (one where the court intervenes) might be a better choice.

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But if you can both set aside differences and approach the divorce rationally, collaborative divorce can save you time, money, and stress. Although it’s normal to have strong emotions during a divorce, this process allows you to have more control over the outcome, instead of leaving the decision to a judge.

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The bottom line is that all the decisions are in both parties’ hands. You both agree on what’s best for your families’ future.  The alternative is a costly process in which you are both allowing some judge, with no stake in the outcome,  to decide the outcome of your future, as well as your children's future. Some judges are notoriously unpredictable.

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