Collaborative Law
Collaborative Law - Representation Without Litigation
Collaborative divorce is a voluntary process for spouses who want to resolve their divorce outside of court while each having the advice and advocacy of their own attorney.
In the collaborative process, each spouse is represented by a collaboratively trained attorney. The parties and their attorneys commit to working toward an agreement without using litigation to resolve their disputes. The process emphasizes open exchange of information, respectful communication, problem-solving, and informed decision-making.
Collaborative divorce can be an option for couples who want to retain greater control over the decisions affecting their family and finances while also having independent legal representation throughout the process.
How Collaborative Divorce Works
At the beginning of the process, the spouses and their collaborative attorneys enter into a participation agreement establishing the framework for working toward a resolution outside of court.
The parties agree to provide the information necessary to make informed decisions and to work toward resolving the issues through the collaborative process rather than asking a judge to decide them.
An important feature of collaborative divorce is the commitment to the non-litigation process. If either spouse decides to end the collaborative process and proceed through contested litigation, the collaborative attorneys do not continue as litigation counsel.
That shared commitment creates an incentive for everyone involved to remain focused on reaching a workable resolution.
Each Spouse Has Independent Legal Representation
Unlike mediation, where a neutral mediator does not represent either spouse, collaborative divorce provides each spouse with his or her own collaboratively trained attorney.
Your collaborative attorney advises you individually, helps you understand your legal rights and obligations, identifies issues that should be considered, evaluates possible settlement options with you, and advocates for your interests throughout the process.
At the same time, both attorneys work within the collaborative framework to help the parties identify solutions without unnecessarily escalating conflict.
A Team-Based Approach
Depending on the needs of the family, the collaborative process may involve other trained professionals in addition to the attorneys.
A neutral collaborative coach can work with both spouses to support productive communication, help manage difficult conversations, and assist the parties in addressing parenting or other family-related issues that may affect the negotiation process.
A neutral financial professional may assist with gathering and organizing financial information, analyzing assets and income, developing possible financial options, and helping the parties understand the financial consequences of different proposals involving support, retirement accounts, property division, or the marital home.
Other professionals may also be involved when specialized expertise would be helpful.
Using neutral professionals where appropriate allows the collaborative team to address financial, communication, parenting, and legal issues with professionals who have expertise in those areas, while helping the parties work toward a comprehensive resolution.
Benefits of Collaborative Divorce
Every divorce is different, and collaborative law is not appropriate for every situation. When it is appropriate, the process can offer several advantages.
Independent Legal Advice: Each spouse has his or her own collaboratively trained attorney providing individual legal advice and advocacy throughout the process.
Greater Control: The spouses remain responsible for making the decisions that will become part of their divorce agreement rather than asking a judge to determine the outcome.
A Problem-Solving Approach: The process is structured around identifying interests, exchanging information, developing options, and working toward solutions rather than preparing competing positions for litigation.
Professional Support When Needed: Financial and other collaborative professionals can assist with specialized issues without requiring each attorney to perform every task.
A More Flexible Process: Meetings can generally be scheduled around the participants' availability rather than being driven entirely by a court calendar.
A Private Setting: Negotiations and discussions take place outside of the courtroom, allowing the parties to address personal, financial, and family matters in a more private setting.
Potential Savings of Time and Expense: Depending on the circumstances, resolving a divorce through the collaborative process may reduce some of the time and expense associated with contested litigation.
Focus on Informed Decision-Making: Each spouse has the benefit of independent legal advice while the collaborative team helps the parties obtain and understand the information needed to evaluate possible resolutions.
Collaborative Divorce and Mediation: What Is the Difference?
Both mediation and collaborative divorce allow couples to work toward resolving their divorce outside of traditional litigation, but the role of the professionals is different.
In mediation, a neutral mediator works with both spouses but does not represent either one individually.
In collaborative divorce, each spouse has his or her own collaboratively trained attorney providing independent legal advice and advocacy throughout the process.
For some couples, mediation provides the appropriate level of assistance. Others may feel more comfortable having their own attorney actively involved throughout negotiations while still committing to resolve the divorce outside of court.
The appropriate process depends on the circumstances, the issues involved, and the type of professional support each spouse needs.
Issues That Can Be Addressed Through Collaborative Divorce
The collaborative process can be used to address the legal, financial, and parenting issues that arise in divorce, including:
- Parenting plans and child-related issues
- Child support
- Alimony
- Division of marital assets and debts
- Retirement accounts and pensions
- The marital home and other real estate
- Health insurance and education expenses
- Tax and financial considerations
- Other issues that need to be resolved as part of the divorce
Because many of these decisions affect one another, the collaborative process allows the parties and their professional team to consider the overall resolution rather than addressing each issue in isolation.
Is Collaborative Divorce Right for You?
Collaborative divorce may be worth considering if you want your own attorney representing and advising you but also want to make a meaningful commitment to resolving your divorce outside of litigation.
You do not have to agree on every issue before beginning the process. Disagreement is often why professional assistance is needed.
The process does require both spouses to be willing to exchange all necessary and relevant information, participate in productive discussions, and work toward possible resolutions.
Every family is different. Understanding the differences between mediation, collaborative divorce, negotiation, and litigation can help you determine which process may be appropriate for your circumstances.
Begin With a Conversation
If you are considering collaborative divorce and would like to learn more about the process, I offer a complimentary introductory phone call, generally lasting 10 to 15 minutes.
This gives us an opportunity to briefly discuss your circumstances, answer initial questions about collaborative divorce, and determine whether collaborative representation may be appropriate for your situation.
If it appears that I can assist you, a complimentary 30 minute separate consultation can then be scheduled to discuss your circumstances, goals, and options in greater detail.
Contact me to schedule a Complimentary Introductory Call.
Schedule a Complimentary Introductory Call
781-593-4600
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