Collaborative Attorney


Definition of Collaborative Attorney

A collaborative attorney is a specialized divorce attorney who helps spouses in a collaborative divorce work out a settlement agreement. In a collaborative divorce, the divorce-seeking spouses engage in negotiation, rather than litigation, to settle all aspects of the divorce with the help of their attorney. This makes the job of a collaborative attorney different from that of a divorce (or trial) attorney. It is important to note that you should always confer with your own (separate) legal counsel to ensure that your rights are protected.



Collaborative Attorney Explained

Spouses and the collaboration attorney are required to sign a participation agreement. This document, apart from binding the spouses to the collaborative divorce process, also prevents a conflict of interest from arising by forbidding the collaborative attorneys to represent their respective client if no settlement is reached and the case goes to trial.