Collaborative law is a new process available for couples who have decided to separate or divorce.   The practice of collaborative law is uniquely designed to minimize conflict while working toward a resolution. The parties and their respective attorneys agree to make a good faith attempt to reach a mutually acceptable settlement without going to court.

Throughout the collaborative process, the parties may utilize the assistance of joint experts to help them navigate through the process.  Any joint expert will be discussed and agreed upon by the parties with the assistance of their collaborative attorneys.  Joint experts are available to help address each family’s unique needs, such as, a financial expert who can assist in valuing assets and helping the parties reach an agreement that address both of their post dissolution financial needs or a child and family expert, usually a trained psychologist or social worker who is experienced in identifying and addressing the distinctive needs and concerns of children in a divorcing family.

The parties also often utilize the services of coaches; specially trained individuals who help the parties adequately address and communicate their needs throughout a collaborative divorce.   

The goal of Collaborative law is that by working together in an atmosphere of honesty and transparency, the parties can strive to dissolve the marriage in a way that addresses both of their legal, financial, and emotional needs.

How does the Collaborative process work?

To begin, both parties meet with their respective collaborative attorneys to discuss individual needs and concerns. Then, the parties and their attorneys meet in a number of four-way sessions to work together to reach a settlement without involving the court.  Often, if the parties choose to use a joint expert, that expert will also participate in the settlement meetings to offer their expert advice to help develop agreements that meet both parties’ needs.   

Every issue – including property division, parenting time, decision making, child support and maintenance– will be addressed in an atmosphere of transparency during these sessions. Divorcing parties benefit from the skills, advice, and support of attorneys while striving to work things out in a positive, future-focused manner.

After a complete settlement on all issues is reached, the attorneys will file the appropriate paperwork required by the court. No court appearances are necessary to obtain a final divorce or separation decree.

The Participation Agreement.

During the first four-way session between the parties and their attorneys, the parties will sign a Participation Agreement. The agreement requires both parties to:

• Exchange complete financial information so that each party can make well-informed decisions;
• Maintain absolute confidentiality during the process, so that each party can feel free to express his or her needs and concerns;
• Reach written agreement on all issues and concerns outside of contested court proceedings; and
• Authorize the attorneys to use the written agreement to obtain a final court decree.

Is the Collaborative process right for you?

Collaborative law empowers spouses to dissolve their marriage with dignity.

Consider collaborative law if you and your spouse:

• believe it is important to protect your children from the harm litigation can inflict
• place a high value on personal responsibility in resolving conflict
• are able to focus on a positive solution for the entire family
• want to preserve a respectful working relationship after the process is over
• see the need to disclose full and accurate information about financial issues

Key advantages to choosing the Collaborative process versus the traditional litigation process:

• You retain control. Though you each have a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
• You gain support. You craft the settlement cooperatively with your spouse while benefiting from your attorney’s advocacy, problem-solving, and negotiating skills.
• You can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
• You get more from your resources. The collaborative process is usually less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
• You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The collaborative process produces final agreements that are frequently more detailed and complete than any order that would be issued by a judge after a contested court proceeding.
• You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive.