The collaborative divorce process can vary by jurisdiction and the professionals who become involved in your case. However, generally, the process is described best as “representation without litigation.” Collaborative divorce is a mix between a traditional divorce because it involves attorneys, and divorce mediation, where couples reach an agreement on their own through discussions facilitated by a mediator.
Lawyers retained for the collaborative divorce process are specifically trained to reach “win-win” settlements instead of “win- lose” outcomes. This is because Collaborative attorneys serve as advocates not only for what is best for their clients but for what is fair and just for all involved.
In the collaborative divorce process, all the professionals involved in your matter are interested in helping you and your spouse resolve your legal issues in an amicable fashion without litigation. Anything that is shared during the collaborative divorce process is confidential and cannot be used in litigation if the collaborative divorce process fails.
The process generally involves the following steps:
Each spouse hires a collaborative attorney, who has been trained in the collaborative law process. One attorney cannot ethically represent both sides because an attorney is hired to advocate for only one party, their client.
The spouses and their attorneys sign a collaborative contract that sets out the terms of the process which requires the parties to agree to “collaborate” in the divorce process in order to reach an amicable settlement. If an agreement cannot be reached and the case goes to court, the agreement also states that the spouses’ attorneys cannot represent their clients in the litigation process. The spouses would then have to hire new attorneys to represent them in litigating their case in the courts.
The spouses will meet with their attorneys alone and individually to discuss his or her most favorable vision for a parenting plan, child support, spousal support and property division.
Then the two attorneys and the spouses will also meet together in joint sessions to discuss their client’s position. In these initial meetings the attorneys lay the groundwork for the process in the future to discuss what issues the spouses agree upon and which need to be negotiated.
As the meetings progress, other professionals such as accountants, business appraisers, certified divorce financial analysts, accountants, real estate agents and/or and mental health professionals can be brought into the meetings to assist the spouses in reaching agreements. These professionals remain neutral during the collaborative process. With the help of these professionals working together with the parties, the spouses can make the best-informed decisions that are focused on the specific needs of their family.
Collaborative divorce is an option for couples who feel they can work their divorce settlement themselves but still want legal protection. Although not right for everyone, collaborative divorce allows parties to end the marriage but retain a functional relationship during and after divorce.
If you are interested in a consultation to discuss the options available to resolve your divorce, custody issues, support, or equitable distribution issues, please contact me and I can help you investigate your options. Call me, Lenore M.J. Myers, at 215-470-3121 or email me at email@example.com.