COLLABORATIVE

DIVORCE

In Collaborative Divorce, couples who have decided to end their marriage work with a team of professionals to avoid the arbitrary and uncertain outcomes of court litigation and to achieve a divorce settlement that best meets the specific needs of both parties and their children.


Collaborative Divorce focuses on settlement, and addresses communication dynamics. It offers a more healthy and effective forum for the resolution of the couple's divorce issues.


The goal of Collaborative Divorce is to help the couple define and implement the settlement that best meets the needs of their family, and learn new skills for more effective communication, conflict resolution and post-divorce co-parenting.

The Collaborative Process facilitates a divorce settlement that minimizes the negative economic, social, and emotional consequences that often undermine families in the traditional adversarial divorce process. By maintaining a primary focus on the needs of children and the welfare of the family overall, the Collaborative approach helps parents provide their children with the emotional support and healthy co-parenting they need.

RELATED RESOURCES

Lawyer Q&A: Family Law

July 17, 2023
Q: What is a marriage? A: A marriage is a relationship between two individuals that is usually recognized by civil authority and/or bound by the religious beliefs of the participants. Each state has varying laws that effect the responsibilities and benefits of a marriage for these individuals. Q: What is a divorce? A: A divorce, or dissolution of marriage, is the ending of a marriage prior to the death of either spouse. A divorce must be certified by a court of law as a legal action is required to dissolve the prior legal act of marriage. Each state defines the types of divorce, depending on reasons and length of time before divorce papers may be filed. Q: What is common law marriage? A: Common law marriage is a marriage that results from the actions of a couple even though they have not obtained a marriage license or fulfilled the requirements of the state’s statutory marriage laws. This means the couple has lived together for a period of time and have presented themselves as husband and wife. However, not all states recognize common law marriages. Q: What is child support? A: Child support is court-ordered funds to be paid by one parent to the custodial parent of a minor child after a divorce or separation. Q: How is child support calculated? A: Every state has child support guidelines that apply a certain percentage of the non-custodial parent’s income. Q: How can I enforce the court order when my ex-spouse is delinquent on child support payments? A: You can bring a contempt of court proceeding and ask for a wage garnishment. Unfortunately, you may not legally withhold visitation rights if you are not receiving child support. Q: What is contempt of court? A: Contempt of court is when a person willfully and deliberately violates a court order without a legally sufficient excuse. Q: What is child custody? A: Child custody is the court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor child/children (under 18 years of age). Q: What is a paternity test (DNA)? A: It is a genetic test, performed to determine if a man is the biological father of a certain child. This test is generally 99.9% accurate. Q: What are visitation rights? A: If one parent has custody, the other parent has the right to have visitation with his child on a regular basis. Others, such as grandparents, may seek legal visitation under certain circumstances. The amount of time awarded for these rights may be determined by the child’s age as well as other conditions.