Collaborative Divorce

About Collaborative Divorce

A Collaborative Divorce utilizes a team to resolve a couple’s family law matter without the use of Court intervention. The case is handled privately within their professional team. It gives control to the clients NOT to the Court.

A team must consist of a collaboratively trained attorney for each person, a neutral facilitator, and neutral financial professional. The couple may decide if it is beneficial to add more professionals depending on their specific circumstances. For example, the parents may choose to add a child specialist/psychologist or a parenting coordinator if they wish to consider insight on certain needs their child(ren) may have.

In Collaborative Divorce, the parties agrees to keep their family matter out of Court on all issues. Everything in the process is confidential except for the minimal documents required by the Court to be filed. The process is meant to resolve the entire matter including but not limited to the dissolution of marriage, equitable distribution, spousal support, child support, and a parenting plan. The clients also agrees to provide full financial disclosure and cooperate within the requests of the professionals on the team. This commitment fosters respect between the parties and contributes to keeping the cost of the family matter process less expensive than traditional litigation.

This process allows each person to be heard in sharing their opinions and concerns. It also allows the clients to come up with solutions and agreements that are privately tailored to their situation and family. Each case is unique, and the collaborative process allows for adjustments to suit the people involved and fit each family’s needs.
Please note that the Collaborative Process can be used in any family law matter. For example, the clients may use the Collaborative Process for a Paternity case. The initial team would look the same, but the issues would be limited to the Parenting Plan and Child Support.

The Process

The first step is to create your team. Each person will need to hire their own collaboratively- trained attorney. Usually with the help of your attorneys, a neutral facilitator and a neutral financial professional will also be hired. Additional professionals can be added to the team at a later time if it becomes necessary.
Once the team is hired, each person involved will sign a “Collaborative Participation Agreement”. The team will meet in group sessions. Between each session, each client will also meet with their attorney and any other neutral professionals, as needed.

Each group meeting should further the clients’ goal of resolution. Once it is appropriate, the attorneys will draft the agreements including a Marital Settlement Agreement and if there are children, a Parenting Plan. The clients will then sign the agreement(s).

When all of the issues are resolved and the agreements are signed, the attorneys will then file the agreements as an uncontested dissolution of marriage. Each county and judge may have different requirements. The Court may allow the paperwork to be filed, and the case finalized without a hearing. Other counties may require that the parties attend a final hearing before the Court to grant the request for dissolution of marriage.

Benefits of Collaborative Law

• Perfect choice for high conflict issues with families that have the need for privacy
• Issues are resolved faster than waiting for a court date and issues are handled with efficiency through peaceful communications guided by experts
• Emotional issues are addressed that are barred in court
• Each family’s needs are treated as priority in organized meetings
• Costs are minimized by using professionals working as a team rather than dealing with adversaries in court
• Issues are handled in a manner to avoid any subsequent litigation with the family and children’s needs.