Basics of Collaborative Divorce
What is Collaborative Divorce?
Collaborative Divorce is a method of resolving divorce matters outside of the courtroom. It combines the legal advocacy seen in litigation with the cooperative nature of mediation. Unlike adversarial litigation, Collaborative Divorce focuses on cooperation, open communication, and mutual respect between the parties.
In a Collaborative Divorce, both parties work together as a unified team with their lawyers and other professionals, such as financial consultants or divorce coaches, to reach an agreement. The goal is not to "win" or "lose" but to arrive at a solution that satisfies both parties' needs and protects their future well-being. Collaborative lawyers are trained to facilitate these interest-based negotiations, allowing clients to lead the process with support from their legal counsel.
This process creates an opportunity for healing and relationship-building, offering parties the chance to address all their concerns—legal or otherwise—and find lasting solutions.
The Collaborative Participation Agreement
The participation agreement is a key feature of Collaborative Divorce. This agreement requires both parties and professionals to commit to resolving the issues without resorting to litigation. Once signed, all professionals involved are barred from participating in any adversarial court proceedings between the parties, which encourages trust and good faith throughout the process.
Integrated Interdisciplinary Collaborative Team
Collaborative Divorce offers the unique advantage of working with an interdisciplinary team, which may include attorneys, divorce coaches, a child specialist, and a financial neutral. The team is tailored to the couple’s needs, allowing for specialized support to ensure all aspects of the divorce are addressed holistically.
This approach ensures that emotional, financial, and legal considerations are all handled collaboratively, allowing for a more comprehensive and personalized resolution.
Process Overview
The Collaborative Divorce process is broken into five phases:
- Foundation Building
- Information Gathering & Process Coaching
- Generating Financial Scenarios
- Scenario Evaluation
- Drafting, Review, and Finalization
Though these phases apply to all Collaborative Divorces, the process is flexible and customizable, making it adaptable to each couple’s unique situation.
Foundation Building
- Review & sign Participation Agreement
- Set ground rules & expectations
- Discuss & make temporary agreements
- Explore & develop needs & interests of clients to guidetheir process
Information Gathering & Process Coaching
Meet with financial neutral to:
- Develop budgets
- Organize financial information
- Gain a solid understanding of your financial picture
Meet with process coach to:
- Develop parenting agreements
- Meet with child specialist
Generating Financial Scenarios
- Clients prepare for meeting with lawyer & team members, as needed
- Review financial report, confirm accuracy & understanding
- Identify & prioritize financial needs & interests
- Brainstorm & strategize to create scenarios to meet needs & interests
Scenario Evaluation
- Financial neutral provides a report & projection for each scenario
- Discuss implications, evaluate and adjust scenarios as needed
- Come to an agreement on the best scenario or create new scenarios for the financial neutral to provide projections
- Come to agreement on parenting
Drafting, Review, and Finalization
- Lawyers draft Property Settlement Agreement reflecting chosen scenario
- Lawyers draft necessary court paperwork
- All paperwork is reviewed & signed by clients & lawyers
- Final team meeting to conclude your process
- Entry of final documents with the Court