_COLLABORATIVE DIVORCE
In recent years, a movement to make the divorce process friendlier has been introduced in some states known as the Collaborative Divorce Process. California & Texas are the larger players currently, Texas enacting a statute authorizing the process in 2001 & amended in 2005, Family Code §6.603. Collaborative Law. Some counties in Ohio have embraced the concept, and Ohio has recently formally authorized the process.
What is Collaborative Divorce?
Collaborative Law attempts to round off the rougher edges of the divorce process, which can be intimidating & even brutal in contested divorces where the spouses cannot communicate with each other and/or are intent on punishing the other spouse or gaining revenge, which leads to lucrative attorney fees & congestion in the court dockets. The essence of Collaborative Law and Collaborative Divorce is the shared belief of the participants that it is in the best interests of the parties and their family to avoid adversarial legal proceedings and to adopt a conflict-resolution process that does not rely on a court-imposed resolution. Collaborative Divorce relies on an atmosphere of honesty, cooperation, integrity, and professionalism geared toward the future well being of the parties and their children.
Two attorneys are required in the process, one representing each spouse. The parties agree that no Collaborative Divorce professional will use threats of going to court, or any other threats, as a way of forcing settlement. The purpose during the collaborative divorce process is to seek mutually acceptable solutions that meet the reasonable needs of each spouse and any children, and not to pressure the other spouse into accepting terms of agreement that do not serve that purpose. The spouses enter into a binding agreement with one another and with their respective lawyers that neither lawyer can ever represent either of them in court in proceedings against the other spouse, nor be named or remain as lawyer of record on any document filed with the court in their divorce proceedings. This agreement is extended to any other professionals which may be used during the process, such as financial analysts. Discovery of assets and facts relating to their case is performed in good faith & full disclosure. The customary legal documents, including the separation agreement memorializing their terms of dissolving the marriage, are prepared & filed with the court without the acrimony sometimes associated with a contested divorce.
What is Collaborative Divorce?
Collaborative Law attempts to round off the rougher edges of the divorce process, which can be intimidating & even brutal in contested divorces where the spouses cannot communicate with each other and/or are intent on punishing the other spouse or gaining revenge, which leads to lucrative attorney fees & congestion in the court dockets. The essence of Collaborative Law and Collaborative Divorce is the shared belief of the participants that it is in the best interests of the parties and their family to avoid adversarial legal proceedings and to adopt a conflict-resolution process that does not rely on a court-imposed resolution. Collaborative Divorce relies on an atmosphere of honesty, cooperation, integrity, and professionalism geared toward the future well being of the parties and their children.
Two attorneys are required in the process, one representing each spouse. The parties agree that no Collaborative Divorce professional will use threats of going to court, or any other threats, as a way of forcing settlement. The purpose during the collaborative divorce process is to seek mutually acceptable solutions that meet the reasonable needs of each spouse and any children, and not to pressure the other spouse into accepting terms of agreement that do not serve that purpose. The spouses enter into a binding agreement with one another and with their respective lawyers that neither lawyer can ever represent either of them in court in proceedings against the other spouse, nor be named or remain as lawyer of record on any document filed with the court in their divorce proceedings. This agreement is extended to any other professionals which may be used during the process, such as financial analysts. Discovery of assets and facts relating to their case is performed in good faith & full disclosure. The customary legal documents, including the separation agreement memorializing their terms of dissolving the marriage, are prepared & filed with the court without the acrimony sometimes associated with a contested divorce.
Why Monte K. Snyder DOES NOT Encourage Collaborative Divorce.
While Collaborative Divorce may be useful for a small percentage of clients with larger marital estates and/or substantial difficulty in communicating with one another, I believe the traditional forms of terminating a marriage better serve most clients economically. Both Dissolution and Non-Contested Divorce may utilize only one attorney, not two, as is required for Collaborative Divorce, saving substantial attorney fees. Fewer legal documents need to be filed with the court in most instances.
The center piece of Collaborative Divorce requires at least two to three meetings between the spouses & their respective counsel to negotiate the terms of their separation agreement face to face. This involves additional attorney time which translates into further attorney fees. Counsel is present to provide legal advice to each spouse regarding the spouse's negotiations during these meetings and facilitate the process. However, if communication is still relatively good between the spouses, and they trust the attorney the plaintiff spouse has retained to prepare the separation agreement, [See How to Choose an Attorney in Monte's Blog] these meetings are not necessary. Should the collaborative process fail, neither spouse's attorney, nor their retained experts, may participate in the resulting contested divorce. This greatly adds to the divorce expenses.
The great majority of divorces in the Miami Valley, Ohio area are Non-Contested Divorces with good reason. Only one attorney need be used. They are more economical & require the least participation by the responding defendant spouse in the court process. Actual time spent by the plaintiff spouse in court is usually less than fifteen minutes.
Monte K. Snyder, Attorney offers his clients an affordable termination of marriage with a "personal touch" you will appreciate.
Location to Serve You:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.