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They should also be comfortable in a courtroom setting, especially if there is the possibility the divorce will go to trial. Even if there are no plans to go to court, the attorney’s experience and success record will demonstrate the ability to adequately negotiate a settlement. Rather, it is a process where the spouses enter into it voluntarily, on their own terms. Although they may be advised by experts in particular fields, these people do not make the decisions for them. The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties. When selecting a divorce attorney, individuals should look for one with comprehensive legal knowledge and skills. An ideal divorce attorney will be a problem solver, negotiator and compromiser.

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In traditional litigation, a lawyers role is to advance the position of their client without regard to the interests of the family. This type of “winner takes all” mentality may work well in a business context, but not in a divorce where the focus is supposed to be on the best interest of the children. Keep in mind, divorce negotiations is not just about ending the marriage but also financial matters. Never base a decision as big as this on how nice an office is. The collaborative divorce process expects each party to abide by certain rules, which includes acting in the best interest of any children. Furthermore, once the collaborative divorce process has begun, both parties are supposed to toss out the possibility of taking the case to court. Divorce is a rough time for anybody. When a person repeats the vow, “till death do us part,” we never expect to have to deal with a separation.