Andover Collaborative Divorce Lawyer

At Turco Legal, our Andover collaborative divorce attorney has the skills and experience that you can rely on. Collaborative divorce is a voluntary process that can help spouses overcome challenges and end their marriage. Through the collaborative law process, spouses work together to reach an agreement in their divorce case. . If you have any specific questions or concerns about using the collaborative law process for divorce, we are here to help. To arrange a completely private consultation with a top Massachusetts collaborative divorce lawyer, please contact us today.

An Overview of Collaborative Divorce in Massachusetts

Collaborative divorce offers a somewhat lesser-known but potentially highly effective way for couples to resolve their separation in a non-adversarial environment. Collaborative law is a voluntary alternative to litigation and mediation. Here are some of the key aspects of the collaborative law process for divorce in Massachusetts.

  • The Process Starts with a Participation Agreement: To utilize the collaborative divorce process in Massachusetts, the parties must sign a comprehensive participation agreement. In effect, it is this agreement that provides much of the structure for collaborative law negotiations. Typically, couples note their intent to negotiate in good faith. The core principle of collaborative divorce is that parties work together to try to find the best answers in their case.
  • Collaborative Divorce is More Structured than Mediation: Collaborative divorce shares some similarities with mediation. For example, both processes focus on joint problem-solving and amicable solutions. However, collaborative divorce is far more structured than mediation. This may make collaborative divorce a better option for couples who are dealing with complex issues or who may have some trouble working cooperatively but have a desire to do so.
  • All Expert Witnesses Are Joint Expert Witnesses: Expert witnesses can be brought into the collaborative law process. You may bring in a financial expert (such as a forensic accountant) or a child/parenting expert (such as a family therapist). The key thing to know about expert witnesses in collaborative divorce cases is that all experts are joint experts. They are paid for collectively by the parties and they provide information that the parties can use to come to their own solution.
  • The Process is Protected by Strict Confidentiality Rules: Collaborative divorce is confidential. In fact, the participation agreement acknowledges that all information shared through the collaborative law process will be inadmissible in court if the parties ultimately decide to litigate. The confidentiality rules are important because they help to foster an environment in which the parties can share information freely and openly.
  • Special Rules for Attorneys (Must Withdraw If No Agreement): Collaborative divorce is voluntary. You do not have to reach a settlement. You can try collaborative divorce and withdraw from the process if it simply is not working. You also retain your right to litigate. However, there are special rules in place for your collaborative divorce lawyer. Your attorney must withdraw as your counsel if you exit the process and decide to litigate your divorce instead. Both spouses will need to find a different lawyer to represent them if litigation is necessary after a collaborative divorce attempt.

What Happens If a Settlement Is Reached Through Collaborative Divorce?

The goal of collaborative divorce is to reach a mutually-agreeable settlement through cooperative negotiation. Most divorcing couples that enter the collaborative law process in Massachusetts are able to reach a settlement. Once an agreement is reached, the attorneys for the parties will work collectively to draft a settlement agreement that reflects the parties’ intentions. The settlement agreement, also known as a separation agreement, will then be filed with the appropriate Massachusetts Probate and Family Court as part of a joint petition for divorce. From there, a final uncontested divorce hearing will be scheduled. If you have specific questions about the drafting of a separation agreement through the collaborative divorce process, an experienced Andover collaborative law attorney can help.

Why Choose the Andover Collaborative Law Team at Turco Legal

Collaborative divorce has its advantages, but first you must determine if it’s a good option in your case. Our Andover collaborative divorce lawyer can help you navigate every aspect of the process—from deciding if collaborative divorce is right for you to settlement agreement drafting. We offer comprehensive, confidential initial consultations and are prepared to answer your questions, explain the Massachusetts collaborative divorce process, and represent you during collaborative law proceedings.

Call Our Andover, MA Collaborative Divorce Lawyer Today

At Turco Legal, our Andover collaborative divorce attorney has the professional skills and family law experience that you can trust. If you want to learn more about the collaborative law process or need to retain a collaborative divorce lawyer, we are here as a legal resource. Call us at (978) 225-9030 or contact us online to set up your strictly private case review. We provide collaborative divorce representation in Andover, Essex County, and throughout Eastern Massachusetts.