Collaborative Divorce

March 1, 2017

Collaborative practice is a voluntary dispute resolution process in which parties settle their matters without resorting to court involvement.  Collaborative divorce can be amicable, efficient and a cost-effective solution for ending your marriage.  Because of its benefits, utilizing the collaborative method has become increasingly popular since the Ohio legislature passed the Collaborative Family Law Act in 2013.  This officially recognized the collaborative method as a means for resolving divorce-related differences in Ohio.

In a collaborative divorce, the spouses sign a collaborative participation agreement, mutually understanding they will not take their divorce to court. Any differences must be resolved amicably—using cooperation, alternative dispute resolution methods, expert guidance and the help of attorneys who represent each spouse independently. The parties may employ mental health and financial professionals to assist in crafting their settlement. The team of professionals will negotiate to reach a mutually acceptable settlement on all issues relating to child custody and parenting time, child support, spousal support and property division.  Ultimately, the goal of the collaborative process is to empower each spouse to resolve their differences in a respectful manner while making sound decisions about their personal and financial futures.

If an impasse is reached, in order to go to court, both spouses must each hire new legal representation. With the delays and costs this involves, it will generally be in both parties’ best interests to reconsider and stay committed to the collaborative process.

The collaborative method has proven to be effective not only in helping spouses resolve their differences, but also providing several advantages during the process. These include:

1) Saving costs as compared to resolving a divorce through litigation;
2) Reducing the time it takes to finalize a divorce; and
3) Reducing the stress for spouses and their children during this
challenging transition.

The International Academy of Collaborative Professionals’ website provides a number of helpful resources for spouses considering a collaborative divorce.  Two of our attorneys were founding members of the Cincinnati Academy of Collaborative Professionals.  Ross Evans, a firm partner, was also a Past President of the International Academy of Collaborative Professionals and Cincinnati Academy of Collaborative Professionals.

 Get more information on collaborative divorce:

Schedule a Consultation at Essig & Evans LLP

If you would like to speak with an attorney about whether a collaborative divorce could be right for you, contact Essig & Evans LLP at (513)-455-4700 or contact us onlineto speak with an experienced divorce attorney in Cincinnati, Ohio.

Posted on March 1, 2017 by Danielle L. Levy, Esq.