In 2022, approximately 29,000 Pennsylvania marriages ended in a divorce, a slight decrease from the previous year. While some of them ended up being litigated, you might prefer a no-court option, including collaborative divorce. An important step of this process is the collaborative participation agreement, which outlines what the spouses are committing to, how it will work, and that both spouses and their lawyers will sign before the process begins.
The Collaborative Divorce Process
When couples choose the collaborative divorce process for their divorce, they opt for an alternative conflict resolution method that keeps them out of court and encourages them to work together to resolve their issues. Each spouse works with their divorce lawyer, but neither pursues litigation. They all sign an agreement that establishes their commitment to the process. Court divorces can be time-consuming and expensive, but a collaborative divorce can help couples reach solutions faster, therefore saving them time and money. Some of the issues couples can resolve in a collaborative divorce include:
- Child custody and support
- Alimony
- Division of marital property
Spouses Have to Commit to the Collaborative Process
Before it all begins, the spouses and their lawyers sign the collaborative participation agreement, which commits them to having open, honest cooperation to resolve their issues together. It is the document that shows that both spouses are entering into this type of process in good faith, to resolve their issues through positive communication and want to avoid the additional tensions that a court divorce entails. However, in the agreement, the spouses usually also agree to provisions that address the possibility of being unable to resolve all issues, as the process itself is voluntary. On the other hand, the agreement also includes language that shows both parties are committed to seeking a resolution of their issues without litigation. Finally, it contains provisions regarding the use of third-party experts when necessary, such as accountants, financial professionals, therapists and others, who might provide a variety of support services.
The Collaborative Participation Agreement Can Protect the Children
Children can be an important part of the divorce process. However, protecting them from the effects of the marital conflict is a high priority for their estranged parents, particularly as they look out for the best interests of their children. For this reason, divorcing spouses might include information about insulating the children, as much as possible, from their conflicts and differences, and parents can commit to this through the agreement. This might include a promise to not seek a child custody evaluation without the consent of the other parent. The collaborative process encourages parents to seek child custody solutions unique to their family situation.
What Other Issues are Addressed in the Collaborative Participation Agreement?
Even the spouses who want to avoid court might find themselves struggling to resolve their issues through the collaborative process. Since the entire process depends on both spouses being on the same page about resolving issues amicably, there might be cases where either one or both spouses decide to back out. To address that situation, couples might add a variety of points in their agreement, including:
- The process for canceling the collaborative process if either spouse is no longer committed
- How to handle any misrepresentation or withholding of information from the other party
- Language preventing either divorce lawyer from representing their client in court if the collaborative process ends
If you are looking for a no-court option for your divorce, you will need a lawyer who has experience helping their clients resolve their issues without litigation and helping them reach a fair, balanced settlement. You might find the answers you seek by calling the Law Office of Joanne Kleiner at 215-886-1266 to schedule a consultation at our Jenkintown office.
