There is an Easier Way to Divorce!
Collaborative Divorce
WHAT IS IT?
Collaborative Divorce is a process to resolve disputes without going to court.
Collaborative Divorce is an alternative to court that is usually quicker, more cost effective and efficient than traditional litigation. It utilizes an interdisciplinary team approach to resolving issues between divorcing couples by integrating the resources of other professions (financial and mental health) that spouses typically need to address all of the dimensions of their divorce. The process is adaptable to the individual needs of each family and offers lifelong co-parenting and financial skills.
HOW DOES IT WORK?
You and your spouse are represented by a specially-trained attorney.
You and I, plus your spouse and their attorney, sign what’s called a “Participation Agreement” that states all four of us agree that settlement is the only goal, and, that the attorneys and other professionals will withdraw from the proceedings if your case is taken to litigation.
Each spouse receives legal advice and advocacy during negotiations and each attorney is committed to guiding the parties toward a reasonable and judicially enforceable settlement. All negotiations take place with you and your attorneys present, with other professionals attending, as necessary. You are encouraged, guided, and supported in the communication of your needs and interests throughout the process.
Through safe and focused discussions, both of you are encouraged to recognize each of your needs (and if you have them, the needs of your children – as soon-to-be-ex spouses and co-parents).
In addition to a settlement of the issues, the collaborative approach minimizes the negative financial, social, and emotional impact that litigation can have on you and your family.
WHO IS INVOLVED?
At a minimum, Collaborative Divorce includes you, your spouse, and two attorneys. However, the beauty of Collaborative Divorce is that we can bring in additional professionals like coaches and specialists.
🔸 Attorneys – Each of you retains a specifically-trained attorney who helps you each understand the legal requirements affecting your divorce, helps you develop settlement options, and helps you assess the consequences of those options. Your attorney participates with you in settlement discussions which are aimed at achieving mutually acceptable outcomes. Afterwards, your attorney and your spouse’s attorney draft the pleadings and other documents necessary for court filing to implement the agreements reached by the spouses during the collaborative process.
🔸 Coaches – Each of you has a mental health professional who acts as a coach to help work through the anxiety, fear, and anger that often accompany these proceedings. The coaches also help you improve communication and listening skills, develop parenting and transition plans, and address other needs and concerns.
🔸 Child Specialist – Where children are involved, a neutral child specialist might be called in to assess their needs, then communicate these observations to help you develop skills and strategies to address the effects of the divorce transition on your children.
🔸 Financial Specialist – Finally, you have a financial specialist who helps with the assembly and analysis of financial information, investigating undisclosed assets or debts, budgeting, property division, and financial planning for the divorce transition and beyond. The financial specialist helps each of you understand the long-lasting consequences of your property decisions.
HOW DOES A PARTICIPATION AGREEMENT GOVERN THE PROCESS?
A “Participation Agreement” is a contract. It states that everyone agrees that settlement is the only goal, and that the attorneys and other professionals will withdraw from the proceedings if your case is taken to litigation.
🔸 Full Disclosure of All Relevant Information – This includes all information necessary to make informed decisions during the process. You and your partner agree not to conceal important details from each other and your team of professionals. This avoids the need for the costly process of formal discovery, such as depositions, interrogatories, demands for document production, etc., that often occur in the conventional litigation process.
🔸 Confidentiality of Statements Made by the Parties or the Professionals – This encourages you to discuss openly your needs and concerns, prior to crafting solutions. You do not need to worry that you or the professionals will be cross-examined or subpoenaed in any subsequent contested court proceeding regarding statements made in this process.
🔸 Neutral Experts – Neutral experts include outside professionals, such as appraisers, and actuaries. They help you with such tasks as: determining values of assets and liabilities, cash flow analysis, budgeting, and creating a parenting plan. These experts are chosen and employed by both of you, and in doing so, avoids the use of competing (non-neutral) experts who are frequently hired in the conventional court process.
🔸 Scope of Service – Collaborative professionals work with you in a completely private dispute resolution process outside of court. The professionals cannot represent you in a conventional court process; therefore, you and your team focus all efforts on creating an enduring agreement that meets your family’s needs.
As noted above, the Collaborative process requires that each spouse retain a specifically-trained attorney.
As of July 1, 2024, hourly rates begin at $300/hour and advance deposits begin at $3,000. Contact me to learn more about the Collaborative Divorce Process and to determine whether it is right for your circumstances. Or, if you feel good about Collaborative Divorce as a next step, you can schedule a Divorce Process Education Session right now and we can start working on a plan of action.
I am specially trained in this collaborative process and use my natural aptitude for collaboration and negotiation to garner the optimal results for my clients. I love what I do! Let’s talk.