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In a collaborative divorce, the parties seek to minimize the amount of pain experienced by children and parents by agreeing not to go to court and instead to participate in a series of negotiations to address all aspects of their divorce. The parties agree that all discussions and information provided remains confidential The parties are not permitted to use threats of litigation, custody or otherwise. Coming to mutual agreements is at the core of collaborative divorce, as opposed to a compromise where neither spouse is happy with the final result. If you and your spouse would like the benefit of legal professionals, without having to go to court, this type of divorce is a good option for you. The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties.

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If there is agreement to mediate, any party can fix a date for the mediation. Once the date is fixed, each party pays their fee. Although trust between parties may have been lost, process trust can be created and can help the parties move forward. Collaborative divorce takes a non-adversarial approach to the divorce process.

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Divorce laws also provide for the establishment of alimony, often depending on the length of the marriage and other factors. Spousal support is becoming less common, however, as more women are entering the workforce and earning their own income.