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Posey Legal, PC

Portland Collaborative Divorce & Estate Planning

(503) 241-0818

  • Home
  • About Us
    • Joanna Posey
    • Lauren Barnhart
    • Cambell Boucher
  • Family Law
    • Divorce Process Options
    • Divorce Mediation
    • Collaborative Divorce
    • Divorce & Family Law Litigation
    • Spousal Support
    • Custody and Parenting Time
    • Adoption
  • Estate Planning
    • Wills
    • Trusts
    • Probate
  • Blog
  • Contact

Collaborative Divorce

Virtual Services for Collaborative Divorce and Mediation Available

Collaborative Divorce is a non-adversarial alternative to traditional litigation. The process assists the spouses in resolving their issues together and is the best process to help couples with children. For those over 50 facing divorce, the collaborative process is an excellent option that provides privacy for the couple during the divorce.

How Collaborative Divorce Works

Each spouse is represented by an attorney who is trained in the Collaborative Divorce process. The spouses and their attorneys commit to resolving the issues without court intervention. If either spouse chooses to go to court over any issues, the collaborative process ends, and the spouses must find new attorneys.

The attorneys and spouses work with a team of neutral professionals which includes a mental health professional and financial professional. The team helps the parties understand their finances and to work together to resolve the issues and create the divorce settlement agreement. The agreement is filed with the court and becomes incorporated into the court’s final divorce judgment.

Advantages to the Collaborative Divorce Process

There are many advantages to a collaborative divorce including:

It is confidential. In traditional litigation, all documents are filed with the court. Decisions of a court may become public. Contentious court hearings may also be open to the public. In the collaborative process, nothing gets filed with the court except the final settlement agreement and there are no court hearings or decisions.

Neutral experts guide the parties to a resolution. Neutral experts educate the spouses on their options and discuss both positives and negatives of different approaches to a financial settlement, child custody and visitation, child support, division of assets, and spousal support.

It is a divorce with dignity. Name-calling and fault-finding are not part of a Collaborative Divorce. The goal is to avoid the personal damage that often comes from adversarial litigation. The focus is on the divorcing couple to work together on a settlement agreement that is acceptable to both parties. Divorcing parents are then able to go forward and work together in co-parenting their children.

Parties are in control of timing. The spouses control the timing of the divorce. They can come to an agreement in their own time frame. There is no waiting for a court date for various hearings, and no waiting for a final court date or for a decision by the court. For those who need to move at a slower pace, the process can also accommodate the need to slowly move through the process.

More cost-effective. Generally, because the spouses can do the work the attorneys ask them to do, and they spend their time in meetings in productive ways, it costs less than a traditional litigated divorce.

When a Collaborative Divorce
May Not Work

When there are many conflicts and spouses have no level of trust between them the collaborative process may not work. Also, if there is an imbalance of power between the spouses, and one is much more powerful than the other, a Collaborative Divorce may not work.

If there is a chance that one party may not be forthcoming about the finances, or there are any allegations of domestic or child abuse, or abuse of alcohol or controlled substances, a Collaborative Divorce may not be the best option.

For more information, contact us at Posey Legal, PC to schedule a consultation.

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Posey Legal PC
3115 Northeast Sandy Boulevard
Portland, Oregon 97232
(503) 241-0818

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From The Blog

Five Steps to Begin a Divorce

Research Process Options. Consider your goals and select a process option that will help you reach them. If you and your spouse already agree on many areas of your divorce, you may be able to resolve your case through mediation, or on your own with the help of an attorney to draft your paperwork. If […]

Testimonials

Ms. Posey’s highly competent representation and attention to detail while handling my case was nothing short of outstanding. Her retainer was reasonable and she was always available for any question or concern I had. Her time was well-documented and all paperwork and consultation was streamlined to ensure her fee did not become inflated during the process. Her ability to negotiate asset division was quite apparent and the divorce was consummated in a very timely manner. I would strongly recommend Ms. Posey to anyone requiring divorce proceeding representation. Her professionalism and timely attention to detail made an unpleasant process much less difficult.Less

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Posey Legal, PC
3115 Northeast Sandy Boulevard
Suite 222
Portland, Oregon 97232
(503) 241-0818

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