Collaborative
Divorce
The Choice
Collaborative Divorce begins with a
commitment by the couple to reach their own divorce solutions out of court with the aid of
a select group of trained professionals. An agreement is signed that neither spouse will
ask the Court to resolve disputed issues. If either spouse involves the Court, the
Collaborative team will no longer stay with the case, and the couple will need to find new
counsel to litigate the case. The Collaborative agreement also commits the couple to
providing full disclosure of assets and obligations including providing any documents as
needed.
The Team
Each spouse selects a collaboratively
trained divorce attorney to provide them with independent legal counsel. Each spouse also
selects a coach to address emotional issues related to the divorce as well as to aid with
communication issues that may arise during the process. A Financial Planner is included on
the team to provide forward reaching financial information for sound financial decisions.
A child specialist may also be included on the team to provide information regarding the
needs of the children if applicable.
The Team Approach
The Collaborative team approach aims at
having the right professional available at the right time to meet the needs of the couple
as they arise. A mental health professional is better suited to provide insight on an
emotional issue while the attorney has much more expertise on legal considerations
involved with decisions. A Financial Planner can make income projections which are not in
the attorney's area of expertise. This dynamic has the whole team working for a healthy
decision for the family while utilizing each individual professional to provide
specialized input related to their area of expertise.
The Attorney's Role
Each spouse enjoys the comfort and
assurance of having their own divorce attorney for legal guidance during the process. Each
family law attorney, however, has a larger role in the Collaborative process which is
working to fashion a solution that is best for the whole family. The attorneys are not
adversaries but team members seeking ways to meet the needs of their individual client
while meeting the needs of the family as a whole.
The Benefits
Much like mediation, Collaborative
Divorce results in the couple fashioning their own divorce settlement, rather than having
a Judge make the decisions. It is done in a private setting, and personal issues are not
aired in the Courthouse and public court files. The team approach assures educated and
informed decision making as well as promoting creative solutions to difficult issues. The
process is driven by and responsive to meeting the needs of the clients as they arise, and
does not have to defer to Court availability. The focus on effective communication
provides tools for use by the couple as they move forward after divorce. The process is
very receptive to meeting the needs of the children and by diffusing rather than
escalating dispute, protects children from conflict which might otherwise arise in a
traditional divorce. |
