Collaboration
What is a Collaborative Divorce?
The Collaborative method of divorce offers an effective, dignified and highly strategic solution to one of life’s complex and emotionally charged situations. Simply defined, it is a non-adversarial approach to divorce. It is a method in which you and your spouse agree, together with your attorneys, to focus your efforts on civilly dissolving your marriage, dividing your assets, and discussing parenting arrangements (if appropriate), without ever going to court. This process stresses cooperation over confrontation and resolution over revenge.
Advantages of Collaborative Divorce:
- The opportunity for greater control over the outcome of your divorce;
- Preservation of integrity and respect;
- The ability to prioritize the needs and interests of your children;
- Benefit to your children by minimizing their exposure to the controversy;
- The opportunity to avoid lingering hostility and anger;
- Open communication; and,
- Resolution which is generally less expensive and quicker than proceeding to court.
How it works:
- Finding and hiring an attorney – in the Collaborative process, you and your spouse coordinate your search for attorneys. You must both agree to hire attorneys that are trained in the Collaborative process of settling cases. All four parties sign the Participation Agreement.
- Starting the divorce process – a four-way conference is held. During this meeting you, your spouse and both attorneys get together and discuss how you want the case to proceed.
- At this point, or even earlier, bringing in one or two coaches may be suggested. Coaches are mental health professionals who can help reduce the emotional tension in the discussions and also generate creative alternatives.
- Addressing temporary but immediate issues – handled in one of the initial team meetings.
- Gathering and exchanging information – There must be a clear understanding of all the facts (the values of your assets, income(s), monthly expenses, living arrangements) that could affect your case. The Participation Agreement provides that you and your spouse must voluntarily disclose all relevant facts. It also prohibits either party from using information provided in an adversarial manner.
- Hiring experts – only neutral experts are utilized; a neutral financial professional to help reduce the tax consequences after the divorce or a child specialist who provides information on the impact of divorce on children based on age and stage and helps craft the best possible parenting arrangement.
- Negotiating a settlement – team meetings are designed to assist in problem solving by actively engaging you and your spouse in settlement conversations, as opposed to arguments. Collaborative professionals are trained to avoid argument and generate more effective communication.
- Getting a “final” divorce decree – trials and hearings are eliminated and the final document is the result of an agreement signed by both you and your spouse. By design, it will anticipate and avoid future problems.
Everyone’s divorce is unique. Each couple has different requirements and challenges. As a result, different configurations of the parties will meet to resolve the most pressing problems at the moment. At times, you will meet with your attorney or coach alone, sometimes the two of you will meet with the neutral financial alone, and of course, there will be team meetings to insure goals and concerns are openly communicated and that a fair and equitable agreement reached.
How Collaborative Practice differs from traditional Divorce:
It is distinguished from traditional divorce litigation by its contractual components.
The formal steps in a divorce proceeding (preparing, serving and filing the Summons and Petition and the Answer and Counter-Petition) are either waived or postponed. A Participation Agreement, which identifies the ground rules designed to provide an effective environment for settlement is discussed and executed by all parties involved (husband, wife and attorneys). The agreement represents the party’s commitment to resolve all of their issues respectfully, in good–faith, out of court and to abide by the ground rules. The agreement also requires the attorneys to withdraw from the case if all of your issues cannot be resolved out of court.
Successful Resolution:
Collaborative Divorce focuses on the future with its respectful, integrity –based conflict resolution and its emphasis on valuing relationships. When couples embrace the Collaborative Divorce process, and make full use of its resources for deep resolution of conflict, planning for the future, and the protection of relationships during a challenging life passage, a positive difference in the quality of their lives after the divorce, is ultimately realized.
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