Collaborative Divorce
Respect, dignity, mutual self interest, protection of children and cost savings - these are the motivations of divorcing couples who choose the collaborative process. The collaborative process requires that the couple agree that they will not use the court to resolve their disputes, but will work together with their attorneys to reach agreements. The collaborative process is a team approach to negotiation. Divorce coaches, a financial specialist and a child specialist are part of the collaborative team.

How does the collaborative process work?
Collaborative practice is a new and exciting option available to divorcing couples. In the collaborative model, each party has an attorney and the parties and their attorney negotiate in a series
of 4-way meetings. The parties to a collaborative divorce agree not to go to court. It is recommended that each party meet with a "divorce coach" before the first 4-way meeting and thereafter as needed. The parties may also wish to hire a child specialist to assist them in creating a workable parenting agreement. A financial specialist is often helpful in determining if a proposed financial settlement will work for the parties.

What is the difference between Collaborative divorce and conventional divorce?
In a conventional divorce, one party sues the other for divorce and sets in motion a series of legal steps which lead to a court hearing. The court process is usually highly stressful for the parties. Children are traumatized by the conventional divorce process when they are caught in the middle of the conflict between their parents.

What is the difference between Collaborative Process and Mediation?
In mediation, an impartial third party facilitates the negotiations. The mediator does not advocate for either party and does not give legal advice. The collaborative process was designed to allow each party to have their attorney with them during the negotiation sessions. Collaborative attorneys have received specialized training to assure that the process stays balanced, positive and productive.

How do I know if the collaborative process is right for me?
If you want to avoid court but are not comfortable with mediation, collaborative divorce may be a good alternative. In the collaborative process you have a skilled family law attorney with you during all meetings to help you identify and communicate your needs and interests. . You are free to meet with your attorney separately at any time during the collaborative process. The collaborative process also works well to balance power between the parties and to keep the parties moving in a productive direction.

What is a Divorce Coach?
A divorce coach is a communication specialist. This expert has at least 5 years of experience as a Marriage Family Therapist, Licensed Clinical Social Worker or Psychologist, and has received specialized training in the collaborative process. The job of a divorce coach is to help their client identify "hot button issues" and to teach their client ways to defuse those conflict areas to maximize settlement options.

What is a Child Specialist and how do I know if we need one?
One of the primary motivations of couples interested in collaborative divorce is to protec1 the children from fallout of the divorce - stress and trauma. The role of the child specialist is to help the parents craft a parenting plan that is in their children's best interest. Parents can become so caught up in their own emotions that they may not be able to separate their interest from those of their children. The child specialist meets with the parties together and with their children to assess the dynamics of the family and provide a structure for a workable parenting plan. The parties need a child specialist if they disagree about what is in the best interest of the children.

What is a Financial Specialist?
Most financial specialists employed in the collaborative process are trained as financial planners or are Certified Public Accountants who have received special training in the collaborative model. Financial specialists assist the parties in determining financial costs/benefits of a particular property division and may help the parties create more options for settlement.

Will the collaborative process save money?
Many parties who choose the collaborative process have complex issues that require legal expertise and may require the expertise of counselors and financial specialists. The collaborative process provides the parties with the support they need without duplication of costs, and allows the parties to work at their own pace in setting meetings. While there are more "experts" involved, with their own hourly billing rate, the process is streamlined so there is no wasted effort or time.

Will the collaborative process save time?
A conventional divorce can take years to be resolved. This is due to the time in obtaining expert evaluations, setting the matter for hearing and waiting for the court to hear the case. The collaborative process moves at the pace determined by the parties. The attorneys and other experts geared toward working productively and efficiently to reach settlement on all issues.