Collaborative Divorce
What is it?
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Divorce without litigation
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Team approach
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Attorney support throughout
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Creative solutions to fit each family’s needs
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Respectful and non-adversarial process
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Client-centered negotiation
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Joint financial and custody specialists, as needed
Collaborative Divorce is a problem-solving approach that fosters open communication. The parties and and their collaborative attorneys agree to avoid litigation until a settlement is reached. Collaboratively trained attorneys and experts work together with the clients to create customized solutions that work for you and your family. Collaborative Divorce is respectful. Your needs and those of your children are of primary importance. The goal is to reach a win-win outcome that addresses the concerns of the family and prepares you, your spouse and your children for the future.
Why is a Collaborative Divorce better than traditional litigation?
Collaborative divorce resolves issues of custody, support and distribution of property in a non-adversarial atmosphere. Instead of anxiety-ridden trips to the courthouse, the parties and their collaboratively-trained attorneys meet together to discuss and resolve the issues. Instead of engaging in a costly and protracted formalized “discovery” process, the parties commit to exchanging all relevant financial information by consent. Instead of costly trips to the courthouse where wait times can stretch into hours, parties to a collaborative divorce only pay for the time their attorneys and experts actually spend working on their case. Instead of turning over life-altering decisions to a judge who is unfamiliar with your family, collaborative practice encourages the parties and their attorneys to work together to design individual solutions that meet the needs of each family. Children’s interests are a priority.
How does Collaborative Divorce work?
Collaborative Divorce is a trust-based process in which the focus is on moving each party to the future in the least destructive way. Each individual’s needs are considered and discussed in reaching a settlement of the issues. Each party first meets with an attorney who has had specialized collaborative training. The individual’s concerns are explored and are discussed in depth. The attorney reviews relevant financial documents and provides advice to the client on his or her rights and obligations relating to custody, parenting, support and equitable distribution.
Following the individual client/attorney meetings, a joint meeting is scheduled. It is there that the parties and their attorneys sign a Participation Agreement. This Agreement confirms that no one will threaten or file litigation during the negotiations. Only after after all issues have been successfully resolved in a signed Agreement will one party file a Complaint for Divorce. The parties agree to communicate respectfully and to openly share all relevant financial information. If either party destroys this trust, the Participation Agreement requires both attorneys to resign so that the parties can retain litigation counsel. An Agenda is set for future meetings to make sure that all issues are covered.
Open Communication between the parties is encouraged. The collaboratively trained attorneys seek to foster this communication, not interfere with it. In this way, the team can create creative solutions designed to fit the particular needs of your family. The attorneys zealously advocate for their client in an atmosphere of respect for the concerns of the other party. The dignity of each party is preserved and the children are protected from the fall-out that accompanies the adversarial process.
Does Collaborative Divorce work if there are complex financial issues?
Yes. When there issues regarding business valuations, property appraisals, cashflow , tax problems or other financial matters, the parties may retain joint financial experts, such as a CPA, business appraiser, property appraiser or financial consultant to assist them and their attorneys. Collaboratively trained financial experts contribute their expertise in a non-adversarial way that assists both parties in reaching an optimum solution. Each party can also consult with a financial professional to assist them in setting goals for their future. The common goal is to make all financial issues clear to both parties to permit them to make the best decisions for their family’s future in the least stressful way.
Must my spouse and I agree on custody and parenting issues in order to have a Collaborative Divorce?
If there is disagreement about what is best for the children, collaboratively trained child specialists (psychologists or social workers) can be brought into the process. These specialists will focus on the needs of the children with the goal of shielding the children from any conflict while the issues are being resolved. Differences of opinion are bound to arise. What is required is a commitment to respectful communication and consideration of each party’s concerns and needs. This approach avoids the costs associated with the ”dueling experts” that are found in litigation.
What if communication breaks down?
The attorneys in a Collaborative Divorce are committed to using problem-solving techniques to address conflicts that may arise during the process. A Divorce Coach (a mental health professional who is trained in managing stressful relationships) can be used to facilitate communication between spouses. Everyone in the Collaborative process is committed to making the process work and will use their best problem-solving and creative skills to assist the parties in reaching a successful resolution. Everyone has an investment in the outcome.
Are there any cases where Collaborative Divorce is ill-advised?
If there is a history of domestic violence between the parties, one or both parties may not feel comfortable working in such close proximity. If either or both parties have been hiding or dissipating assets and trust has been lost, a more formal discovery process may be warranted. Collaborative Divorce requires a commitment to be open and honest. Trust is essential to an optimum outcome for both parties.
If you are interested in learning more about Collaborative Divorce, contact our office at 609.951.2222 or send an email to Risa@rkleinerlaw.com with your questions. We also invite you to view www.mjcla.org, the website for the Mid-Jersey Collaborative Law Alliance and http://collaborativepractice.com