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Collaborative Practice in Maryland Mutual Consent Divorce
There are a number of options for negotiating the terms of a Maryland mutual consent divorce. If you and your spouse need help reaching or finalizing an agreement, the Collaborative divorce process may offer you the support you need.
How Does the Collaborative Process Help in a Mutual Consent Divorce?
The Collaborative process is a form of alternative dispute resolution (ADR). In the Collaborative divorce process, you, your spouse, and your attorneys sign a collaborative participation agreement. You agree to work together to resolve your dispute out-of-court and with the help of your collaborative professional team. Together with your team, you and your spouse will negotiate the terms of your divorce and custody in a series of meetings. You may be joined by other professionals, such as a neutral financial advisor or a child specialist, to help with certain issues.
The Collaborative process is different from negotiation in that attorneys must have specific training and you and your attorneys are subject to a Collaborative participation agreement. The process requires everyone involved to fully disclose all relevant information, to be honest and respectful, and to agree not to litigate. That framework allows you to communicate openly without fear that your words will be used against you. In Collaborative, no one is allowed to take unilateral actions while things remain uncertain and no one is allowed to capitalize on anyone’s mistakes.
Advantages of Collaborative process include:
- Flexibility to craft creative solutions customized for your family’s needs;
- Support of attorneys and other professionals, as needed;
- Ability to proceed on your own timetable, not a court’s;
- The process fosters honesty, mutual respect, and open communication;
- Even with the involvement of other professionals, Collaborative is often less expensive than litigation.
Once you and your spouse have reached agreement using the Collaborative process, the attorneys will draft a settlement document that complies with Maryland requirements. When you are satisfied that it reflects your agreement, you can sign it and submit it to the court.
Experienced Maryland Collaborative Divorce Attorneys
All of our attorneys are Collaboratively trained and committed to helping clients reach agreement in their mutual consent divorce. We invite you to contact our law office to schedule a consultation with one of our Collaborative attorneys.