The most developed form of divorce settlement is collaborative law, which has only become popular in Maryland over the last five years.  To participate, both attorneys must be trained in the collaborative approach.  Additionally, other professionals, such as accountants, psychologists, social workers, and mediators are trained in the collaborative approach and are available to join the collaborative team, as needed. 

The collaborative approach begins with a commitment from both parties and their attorneys toward settlement.  Both spouses and their attorneys sign a collaborative agreement.  In the agreement, both attorneys agree that they will not take the case to court. The parties can go anytime they want, but they would have to go with different attorneys.  This step is thought to committ anyone involved more strongly to settlement.  The attorneys will obviously lose the business if the case does not settle and the parties would have to go to the trouble of hiring new attorneys.  Once the commitment to the collaborative approach is made, a four way meeting is held where the issues are discussed and a plan is agreed on.

Part of the plan may be to bring in other professionals.  If complicated property division or alimony will need to be addressed, an accountant trained in the collaborative approach can be used.  The accountant will function as a financial neutral, working to help both parties get a clearer picture of the finances and the settlement options.  The financial neutral can help both people understand the tax implications of the various options.  Working together with the financial neutral usually help spouses view the financial division more objectively and consider the impact of various options for both of them.

If custody issues need to be worked through, a social worker or a psychologist experienced with childen involved in divorces can help guide the parties through the separation and into a reasonable access schedule with the children. Social workers and psycholgists are also available as "divorce coaches" to help the spouses deal with the emotional trauma of divorce and negotiate without being controlled by their emotions.

With these other professionals, the collaborative approach really "out sources" a lot of things that the attorneys once did themselves.  Traditionally, attorneys involved in a divorce would calculate property division or alimony numbers. They would also counsel clients who were having emotional problems, or who were so angry at their spouse that they could not see their own self-interest. Attorneys typically would not do these things very well.  Attorneys also did not have much incentive to do these things at all because angry and confused spouses often engage in long, drawn out legal battles that make attorneys rich.

The collaborative approach is more structured and involved than the traditional approach.  Typically, it works best in complicated cases, or cases where the spouses are having a lot of trouble communicating.  In simpler cases, or cases where the spouses can still negotiate effectively, settlement discussion can proceed in the traditional way.

In very difficult cases, or cases where one spouse does not want to negotiate, litigation may be necessary.

Lee S. Ashmore is Maryland divorce lawyer who handles family law matters, including divorce, child custody, visitation, child support, alimony, property division, adoption, guardianship, separation agreements, domestic violence, paternity, contempt, and collections in Howard County, Maryland, Columbia, Maryland, Ellicott City, Maryland, Elkridge, Maryland, Savage, Maryland, Clarksville, Maryland, Glenelg, Maryland, West Friendship, Maryland, Glenwood, Maryland, Highland, Maryland, Marriottsville, Maryland, Woodstock, Maryland, Anne Arundel County, Maryland, Laurel, Maryland, Jessup, Maryland, Glen Burnie, Maryland, Annapolis, Maryland, Fort Meade, Maryland, Crofton, Maryland, Beltsville, Maryland, Baltimore County, Maryland, Catonsville, Maryland, Montgomery County, Maryland, Silver Spring, Maryland, Olney, Maryland, Burtonsville, Maryland, Prince George's County, Maryland, College Park, Maryland, Bowie, Maryland, through litigation, negotiation, mediation, and collaborative law.