Collaborative Divorce
Collaborative law is an emerging alternative to traditional divorce. Through this process, couples work together with the support of experienced professionals to settle their divorce out of court in a manner that is best for their family, minimizing a divorce’s cost and time.
The Collaborative Law Process
Collaborative law is an innovative approach to resolving a divorce in a cooperative and non-litigious environment. All parties agree at the onset to avoid litigation and fully disclose all assets, liabilities, and other relevant information. During the process, the couple works with a team of professionals to resolve divorce related issues.
The primary players are the spouses, divorce coaches, neutral child specialists, and neutral financial planners. The child specialists help the parties create a parenting plan addressing the issues of custody and parenting time. The financial planners address the financial issues involved in alimony, property division, and debt division. The divorce coaches help support and guide the parties through the emotional aspect of divorce.
While collaborative law attempts to reduce the participation of lawyers in the actual negotiation process, they still play an important role in the overall process. They deal with emergency custody issues and financial issues and are available to answer legal questions throughout the process. After the collaborative law process is complete, the attorneys review and draft the settlement and divorce agreement and present it before a family court judge for approval.
Collaborative Practice is a reasonable, respectful approach to divorce based on three principles:
• A pledge not to go to court
• An honest exchange of information
• A solution that takes into account the highest priorities of both spouses and children
Collaborative Practice is designed to protect the interests of children and help the spouses move forward with new lives. The process emphasizes cooperating to find solutions built on mutual areas of agreement.
Divorce usually involves many considerations, including concern for children and financial and property matters. Managing the overall emotional impact can be difficult. For that reason, Collaborative Practice offers a support approach to the parties. You and your lawyer work as a team. Other professionals including divorce coaches, child specialists, and financial consultants can become part of the team. The benefit of this approach is that experts in their respective fields assist the parties in finding constructive solutions to deal with divorce’s wide ranging issues and establishing goals for the future.
Divorce ends a marriage but does not sever family ties or relationships. When children are involved, lifelong responsibilities remain. By preserving respect and encouraging cooperation, Collaborative Practice helps parents and children keep family bonds while embracing new lives, and encouraging a compassionate ending to a marriage and a healthy new beginning.
Roles of the Collaborative Practice Professionals
Lawyers
Lawyers begin the collaborative process by explaining the Collaborative contract, and continue in the process by advising on matters of the law.
Divorce Coach
Divorce is a major life transition, marking the end of one part of your life, and the beginning of another. A divorce coach helps you manage the emotional aspect of this time and helps keep the focus on goals for the present and future. Working with you to make the most of your strengths, divorce coaches assist you to be at your best during this process, which facilitates clear decision-making and taking positive steps into a new life.
Financial Consultant
A divorce agreement can determine your financial well being for many years to come. It is critical that a financial agreement be appropriately structured. The guidance of a financial neutral helps the parties with developing viable financial options for their future. Your lawyer works with you and your financial neutral to incorporate a comprehensive financial plan into the divorce agreement.
Child Specialist
Children may suffer the most from a divorce, and be least able to understand or express their feelings. One goal of Collaborative Practice is to ensure that children are a priority. The child specialist is a skilled in understanding children and meets with your children (if appropriate and based on age and circumstances of the case) and assists them in expressing their feelings and concerns. The child specialist communicates the children’s feeling, concerns, and hopes to the team for consideration when planning for the children’s futures. The child specialist works in conjunction with the divorce coaches to help structure a parenting plan the best suits the needs of the children.