Collaborative Divorce is a relatively new approach to resolving the issues incident to the ending of a marriage. In a Collaborative Divorce the spouses agree that they are going to end their marriage, and they work together to reach agreements on all related issues that will be in the best interests of their family. In a Collaborative Process Divorce, the Wife and Husband, along with their Collaborative Divorce lawyers and other professionals, work together to find the right solutions for both spouses and their children. The Collaborative Divorce Process is a more positive and less adversarial alternative to the traditional litigation/court model. Hopefully, this page will help you obtain a better understanding of the Collaborative Process. Still, the best way to learn about the Process and to determine whether it would be a good option for you and your family, is to meet and talk with a Collaborative Divorce attorney in person. Please call (513-321-3940) or email (firstname.lastname@example.org) the Law Office of John Heilbrun to schedule an initial consultation.
Understanding Collaborative Divorce
The Collaborative Divorce Process is designed to help married couples reach agreements on the issues involved in the ending of their marriage. To proceed with a Collaborative Process Divorce, each spouse should hire an attorney trained to practice Collaborative Law. Both parties will sign a contract that says they will abide by the rules of the Process, including making a full disclosure of all relevant information and documentation. The lawyers, spouses and other professionals who may become part of the team, will work together to resolve the issues that arise when a marriage is ending. Those issues include:
- Child custody/allocation of parental rights and responsibilities
- Child Support
- Property and Debt Division
- Spousal Support (Alimony)
In a Collaborative Process Divorce, the focus is on resolving these issues in an open, safe and cooperative environment so that both spouses obtain the best possible resolution. As indicated above, additional specialists, such as a Family Relations Specialist or a Financial Advisor, may also be brought in to be part of the team.
Benefits of Collaborative Divorce
One of the most, if not the most, important benefit of the Collaborative Process, is how it is designed to lessen adversarial conflict between the parties. The traditional adversarial litigation/Court model of divorce proceedings often creates an environment that escalates conflict between the spouses. Even if the parties are finally able to resolve their issues by agreement and without a trial before a Judge, the adversarial process tends to foster additional anger and antagonism between the parties. Often this will lead to ongoing problems which will not only affect the Wife and Husband, but will also affect their children. The Collaborative Process is designed to reduce this increased antagonism.
In a Collaborative Process Divorce, you and your spouse are in control and will work together to make the important decisions that have to be made when a marriage is ending. This is in stark contrast to the adversarial Court process where ultimately, a Judge will make all of these decisions for you and your family. In the Collaborative Process, both spouses are encouraged to speak frankly and openly about all of the issues and to honestly, but respectfully, express what is most important to each of them.
If the spouses work together with their attorneys and the other professionals, to reach a mutual agreement on the issues incident to the ending of a marriage, both spouses will realize a sense of satisfaction in having made the final decisions together. You are likely seeking to end your marriage due to some level of disagreement and discord that has developed between you and your spouse. It is usually best to move forward in a more positive manner and not to allow the process of ending the marriage to increase the discord that already exists. By engaging in the Collaborative Divorce Process, you will be increasing the likelihood that you and your spouse will be able to work together to obtain a mutually agreeable resolution of the issues, which will foster a more positive future relationship between the two of you. If you have children, the importance of being able to work together on an ongoing basis cannot be over emphasized.
Collaborative Divorce Lawyer John Heilbrun
Few attorneys have more training or experience in the area of Collaborative Law as does John L. Heilbrun. Since 2001, John has been helping couples achieve a more satisfactory result through the Collaborative Divorce Process. He is a member of a very active Collaborative Law group in Cincinnati that meets monthly to discuss situations and issues that arise in the Collaborative Process so as to better assist couples who use the Collaborative Divorce Process to bring about an end to their marriage. John also participates in yearly training on Collaborative Divorce in order to improve his skills and techniques to better help his clients resolve the complex problems that arise when a marriage ends. John Heilbrun has been practicing law in the Cincinnati area for more than 35 years, and for most of that time he has focused his practice on divorce, dissolution and other domestic relations and family law matters. He knows the judges, magistrates, and procedures in all the courts in the Greater Cincinnati area, and he can help you navigate through your divorce. To talk to our Collaborative Divorce Attorney, please contact the Law Office of John Heilbrun and schedule a consultation at our Blue Ash office.