Collaborative divorce is a specialized way to get divorced that requires both spouses to agree to the process at the beginning. It takes only one party to file for divorce. It takes both parties to agree to use the collaborative process, just like with the new Joint Petition for Dissolution of Marriage Process. Co-parents in parentage or paternity cases can use the collaborative process as well. The collaborative process involves agreeing to assemble a team to complete the divorce process collaboratively.
When there is strong buy-in from both spouses or co-parents, the collaborative process can lead to a better outcome for parties and their family as they resolve their divorce and custody disputes. But this is a very rarely used process. Those that choose this process will avoid the risk of trauma that the normal litigation process causes.
It is so sad how the normal litigation process can lead to additional trauma which I have witnessed firsthand. Many times I have met someone who appears traumatized from years of litigation. When witnessing that, I then ask myself, “What was this person like before undergoing years of litigation?” That outcome can be avoided if everyone agrees at the outset to use the collaborative process instead. With the help of mental health professionals and coaches, the trauma of divorce and custody battles can be lessened and addressed head on. The collaborative process is party driven, not attorney driven. Also it gives parties more control of the process with the help of mental health professionals and financial professionals who guide them along the way to a mutually agreeable resolution.
The collaborative process requires that your spouse also hire a collaborative minded attorney. Then health care professionals and/or financial professionals are selected to build the collaborative team to resolve issues in the divorce or custody case.
Your spouse or co-parent can find a collaborative attorney at the Los Angeles Collaborative Family Law Association:
