Collaborative Divorce

As stated by the Iowa Collaborative Divorce Group Collaborative Divorce is a process that strives to preserve the emotional and financial resources of the family while achieving an agreement that considers and respects the welfare of everyone in the family. The collaborative divorce model provides divorcing parties the opportunity to problem solve in a private, confidential setting, with the help of their experts, to reach a creative settlement that meets the needs of their family. In traditional divorce, litigation there is normally a "winner" and a "loser".

The focus is on gathering information, presented at a trial to convince a Judge that one parent is "better" than the other parent is and should be granted the result they have requested. Inevitably information is shared which may be construed as hurtful to the other parent, relationships can be damaged and in some cases permanently altered. Ironically, after the litigation is concluded the court will often advise the parties "now go out there and work cooperatively for the best interest of your children." Easier said than done.

In collaborative divorce, the emphasis is on find consensus and common ground. Parties are urged to see the bigger picture and seek solutions that allow the parties and their children to move forward in a constructive, respectful manner. As agreements are reached, the attorneys will prepare necessary filing and have agreed upon orders entered by the court.

The primary difference between collaborative divorce versus traditional divorce is both parties at the commencement of the case agree in writing that they will not go to court. If either party violates this agreement by hiring another attorney or filing something with the court themselves then both attorneys who were part of the collaborative agreement must withdraw. The parties are then free to retain other counsel and resolve their differences in the more traditional manner

In collaborative divorce both parties must have an attorney, one attorney cannot represent both parties nor can one party self-represent. If collaborative divorce sounds like a good option for you please contact us to make an appointment.

Many attorneys may claim that they will do collaborative divorce but only those attorneys who have had trained in collaborative law may legitimately represent themselves as a collaborative attorney. Attorney Ryan Genest has completed the training offered by the Central Iowa Academy Of Collaborative Professionals. He is prepared to assist you in your collaborative divorce. He has made application for membership in the International Academy of Collaborative Professionals and the Iowa Collaborative Divorce Group