VOLUME 1 / ISSUE 1 WINTER 2024
PROFESSIONAL SERVICES
COLLABORATIVE DIVORCE: A NEW APPROACH TO DIVORCE
BY CHELSEA HARRISON
Divorce—unfortunately, it’s a topic we see in the Annapolis Moms group every day. But there's a way to end a marriage without the courtroom drama, and perhaps even with a glimmer of positivity. Enter collaborative divorce, a method that's changing the narrative of separation and bringing a sense of teamwork to this typically challenging time. We spoke to Valerie Anias, Esq., owner and founder of A Team Family Law, LLC, about this amicable alternative.
What is collaborative divorce? Valerie: Collaborative divorce refers to the process where the parties and their professionals (attorneys, accountants, mental health professionals, child specialists etc.) work together to resolve the couples’ marriage without litigation. One of the perks of this process is that the lawyers who agreed to engage in a collaborative divorce can not represent you if you end up in litigation. A “typical” divorce is often also collaborative because they are working to amicably resolve their marriage, however, they are not agreeing to the same terms as a collaborative divorce would require (ex. that their attorneys not represent them if it turns to litigation or perhaps there are less professionals involved). If the parties are not amicable, then the result is litigation. This process is often at least a year long, requires several court appearances, and leaves a third-party (the Judge) in a position to tell the couple what is going to happen with their property and their children. How might a couple know that collaborative divorce would work for them? Valerie: Collaborative divorce could work if they are working together amicably, and have had those hard conversations (ex. what to do with the house, child custody, retirement, etc.). Many times, these couples have already resolved much of what they need to resolve. The question then becomes who will be responsible for getting the Marital Separation Agreement drafted. If they’re working together and have the same goals (even if the path to getting to that goal may be different), then they are good candidates for a collaborative divorce process. Are there any advantages to a collaborative divorce? Valerie: Many – it’s collaborative! You and your partner will decide together, with the help of professionals, what is best for you and yours during a difficult transition time. [This process] lends itself to future collaboration and cooperation. Are there any disadvantages? Valerie: If one or both of the parties are high conflict, collaborative divorce would not be beneficial and could become harmful. Additionally, since the process is collaborative, the attorneys and professionals aren’t necessarily advocating for one party or the other but for a mutually agreeable solution. In that case, if there is a power imbalance between the parties, the party that is more assertive or has greater financial resources may present as having more power in negotiations. Finally, cost. Maintaining a host of various professionals and, possibly, an additional two attorneys in the event the process is unsuccessful can be expensive. Has there been an increase in collaborative divorce lately? If so, why do you think that might be? Valerie: There has been an increase in couples resolving their marriage without needing litigation. I believe this is in large part due to the fact that our State has passed laws in the last 7 years to allow for that possibility. Before 2018, couples who had children were required to be separated for a significant period of time before they could file for divorce. Since 2018 and then most recently on October 1, the law has changed to allow couples to divorce rather quickly. The availability to resolve quickly, I believe, has enabled couples to come together and reach a resolution.
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