A Collaborative Divorce means more than just working together to find a solution, which is possible in any format of divorce you choose. A Collaborative Divorce is done through a series of meetings between you, your spouse, and your Collaborative Team on zoom or in their private offices, outside of court. During and between these meetings you and your spouse will gather information, identify goals and concerns and negotiate a settlement that works for the two of you.
What's involved in a Collaborative Divorce?
First, both parties must have their own lawyers who are specially trained in collaborative law. Your lawyers will prepare you for the meetings, provide sound advice, and guide you through the collaborative process.
Second, once both parties have agreed to a Collaborative Divorce, you, your spouse, and your lawyers will all sign on to the Participation Agreement which sets out the rules for the process. Everyone is committing to the process, and to stay out of court for the duration of your case except as required to formalize the divorce. Everyone is agreeing to work together, in good faith, to resolve your issues and reach agreements for the benefit of both parties and their minor children. Without exception, both parties are agreeing to voluntarily provide all relevant information, and all financial documents that the team requires.
When parties and their attorneys sign the Participation Agreement, everyone agrees that if either party resorts to litigation, the Collaborative Team is disbanded and neither attorney can represent the parties in litigation. The financial neutral and any coaches or child specialists are also not allowed to continue in their roles.
Third, you need to build your collaborative team. Typically there is a financial neutral, one or two divorce coaches, and a child specialist if necessary. These team members, collectively with both parties and their attorneys work together to keep the case moving forward to a resolution.
Fourth, you need to negotiate a settlement. This is done with the help of your Collaborative Team, with each professional playing their designated role. The financial neutral will gather all of the information regarding your marital (and nonmarital) assets and liabilities as well as the parties' incomes and run the analyses for the parties' attorneys to review and analyze. The coach or coaches will help each of the parties through the emotional aspects of the negotiations, diffusing tense conversations and ensuring the parties feel heard. The Collaborative Team is there to support the parties so they can reach a settlement that works for them, which may or may not be similar to what a Judge would order had they chosen litigation. The Collaborative Process allows the parties to prioritize other considerations above the law where they agree it suits them.
Once a settlement is reached, it will need to be reduced to writing so that it is legally binding and can be entered by the Court.
If you have questions about Collaborative Divorce, or are ready to start the process, contact my office to schedule your free consultation today.
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