FAQs
THE BASICS
What is Collaborative Family Law?
Collaborative Family Law is a interdisciplinary problem-solving approach to divorce. A collaborative team always includes two collaborative lawyers who are committed to settling your case and also may include mental health professionals (who act as divorce coaches), neutral financial specialists, and when needed, a child specialist. Each Collaborative Family Law team member assists the family by working with other team members to find mutually acceptable, viable solutions that address every area of divorce and family law – including parenting, support, division of assets, and most importantly, maintenance of family relationships. Mental health specialists, acting as coaches, teach communication skills so that spouses and partners can better discuss their needs and the needs of their children. A financial specialist (sometimes called a “Financial Neutral”) identify assets and liabilities, create budgets, and teach financial skills where needed.
Collaborative Family Law offers a process where individuals, with the help of collaboratively trained professionals, agree to work together respectfully, honestly and in good faith to find win-win solutions. No one goes to court until a final agreement is reached. If either partner threatens litigation, the collaborative process terminates, and the collaborative team members are disqualified from any further involvement in the case.
Is Collaborative Family Law right for me?
Collaborative Family Law is a healthy model for resolving family disputes because it attempts to identify and address settlement issues while developing more effective ways of communicating with one another. It is right for your family if you and your spouse or partner:
(a) want professional support, emotionally, financially, and legally, to guide you throughout your divorce;
(b) want to control and contain the financial and emotional costs of divorce;
(c) want to address the needs of children and other family members affected by your divorce;
(d) want to preserve family wealth and future earning potential;
(e) want to minimize the conflict that often accompanies divorce, and are willing to try something different to accomplish this;
(f) want a confidential process that limits the amount of personal information filed in the public record; or
(g) recognize the importance of a civil, respectful post-divorce relationship with each other.
My spouse and I don’t get along, will the Collaborative Process work for us?
The collaborative process is designed for all kinds of divorcing families, including those experiencing acrimony and hostility. The collaborative team works early to identify and address communication or emotional issues that may get in the way of successful negotiations in the collaborative process. The “one-size-fits-all” traditional divorce encourages polarization through court filings, which inflames matters. The collaborative team includes a mental health professional whose expertise is addressing emotional issues and dysfunctional communication. The team seeks to reduce tension between the spouses while acknowledging and tackling the difficulties inherent in the divorce process.
Can we choose the Collaborative Process if the divorce has already been filed?
Absolutely. Your attorneys will confer and file with the court a Notice of Intent to Proceed Collaboratively and the case will be taken out of the normal litigation track. Court deadlines and trial requirements will be suspended so the divorce can proceed through the Collaborative Process to conclusion.
How does the Collaborative Process help our children?
The collaborative meetings set a foundation for healthy co-parenting by modeling how to build options and discuss outcomes cooperatively even when the issues are sensitive for the family. This practice then translates into parents who respect the role of the other parent, allow for differences in parenting, and see the value of both parents in the lives of the children.
How do I get started in the Collaborative Process?
You and your spouse will each need to hire a collaborative attorney who will represent you in a collaborative divorce. You can find a list of collaborative attorneys in the directory here. If needed, the first attorney retained on a collaborative divorce may provide a list of suggested names of collaborative attorneys for the other spouse to consider.
Once both collaborative attorneys are retained, they agree upon a mental health neutral and financial neutral to join the team based on the unique issues your family faces. At that point, the clients, attorneys, and neutrals sign a Collaborative Participation Agreement and a Collaborative Communications Agreement to formally begin the collaborative divorce process.
COSTS & COMPARISONS
How is Collaborative Divorce different from Traditional Litigation?
The key difference between collaborative divorce and litigation is the level of control the divorcing spouses have over the process. In collaborative divorce, both parties work together with their respective attorneys and other professionals to resolve issues and reach a mutually beneficial agreement. They commit to transparency and full disclosure of information. On the other hand, traditional litigation leaves the divorcing couple’s fate in the court’s hands, with a judge making decisions that may not necessarily satisfy either party. Information is obtained through a formal “discovery” process that is expensive and takes a long time. Since the spouse are in a “battle” against one another, there is little incentive to cooperate to find mutually agreeable solutions.
What is the difference between Collaborative Family Law and Mediation?
In mediation, there is one “neutral” professional who helps the disputing parties try to settle their differences. Parties to mediation can be represented by lawyers or may attend mediation without lawyers. The mediator cannot give either party legal advice, and cannot advocate for either person’s position. If either party becomes unreasonable, lacks negotiating skills, or is emotionally charged, the mediation can become unbalanced. Collaborative Family Law requires that each spouse or partner have their own attorney. Each gets their own independent legal advice. All four participants – both lawyers and both spouses or partners – meet together in a series of meetings to work out a solution that satisfies both parties. Transparency and respect are the cornerstone of any collaborative negotiation. If the process breaks down, the participants can agree to bring in other collaboratively trained professionals to help. Because there is no threat of litigation, the negotiation process can take as long as needed. This can lead to a better agreement and a brighter future.
Why does Collaborative Family Law use so many professionals?
Some collaborative cases use only two collaborative lawyers. If a family needs additional support, other professionals are invited to the team. Collaborative Family Law allows each professional to focus on issues relevant to their expertise. This creates efficiency because the professional best suited to address an issue is called upon to do so. The client feels supported and educated. This keeps the process moving along and helps to control costs.
How much will a Collaborative Divorce cost?
People often wonder about the cost of Collaborative Family Law, expressing concern about the number of professionals involved in a collaborative divorce. Even with the cost of additional professionals, the overall cost of a collaborative process can be far less than the litigated approach because negotiations are solutions oriented, and often more focused and efficient. Another benefit is that the cost will be allocated between the spouses as part of the overall settlement so that one spouse is not paying the entire cost of the process.
Experience across the country suggests that a Collaborative Divorce can cost less than a litigated divorce. The cost depends on the complexity of your family and the amount of time required to resolve your issues. It is possible to have a lower cost divorce because a collaborative divorce involves reaching a settlement agreement prior to filing anything with the court. Instead of competing experts, financial experts are selected by the spouses or partners as neutrals who educate and assist in gathering information, analyzing financial documents, and seeking alternatives. Mental health professionals are used as coaches and communication specialists and, where children are involved, spouses or partners agree on a mental health professional to provide a voice for the child. In a Collaborative Divorce, you allocate your funds so that each professional is paid to do what he or she is best qualified for. This is usually a more efficient, cost-effective way to resolve family disputes.
Are there low and no cost options available?
Yes, there are programs across the state that offer low and no cost process options for families who meet each program’s eligibility requirements. There is a link to those options on the home page.
How long does a Collaborative Divorce take?
Cases are not one size fits all. The Collaborative Process considers the needs and wants of the couple, meaning you control the pace and timing depending on your family’s circumstances. Collaborative Divorces where both sides timely disclose their financial information and participate, if relevant, in working towards a Parenting Plan, often can resolve in three to six months. Collaborative Divorces requiring complex financial calculations, such as business valuations or property appraisals, may take additional time, but tend to resolve much sooner than litigated cases.
Litigated cases can often take up to two years or even longer if appeals are taken.
PROCESS & PRIVACY
What kind of information is disclosed and what documents are signed in the Collaborative Family Law process?
Both sides sign a binding agreement to fully and immediately disclose all documents and information related to the issues. Undermining behaviors, such as keeping secrets, hiding information, and tactics that delay the process, are not permitted. All information is shared openly by the team. Attorneys, mental health professionals, and financial specialists, working together with the clients, seek to create win-win solutions for all members of the family.
Why is Collaborative Family Law such an effective settlement process?
The Collaborative Family Law attorneys understand that to effectively assist the client, they must help the entire family. Collaborative Family Law attorneys who have practiced in traditional litigated divorce often go through their own professional “paradigm shift.” Instead focusing on “winning” the most for their own client, no matter what the human or financial cost, collaborative lawyers seek healthy outcomes that benefit every family member. Collaborative Family Law attorneys do not work as “hired guns”. They do not take advantage of mistakes inadvertently made, instead they promote accurate, transparent and complete disclosure. They expect and encourage good-faith problem-solving behavior from their clients, themselves, and the rest of the collaborative team. Collaborative Family Law attorneys are legal advocates throughout the process, providing legal advice and counsel. Each spouse or partner receives independent legal advice from his or her lawyer. Collaborative Family Law attorneys advocate for their client, but only in a manner that prioritizes settlements. Respect and integrity are hallmarks of the Collaborative Family Law process. Working with mental health professionals acting as coaches, the Collaborative Family Law attorney seeks to assure the client that workable solutions are possible if both spouses or partners remain reasonable; interact in a positive manner; and stay committed to the principles of respectful, solutions-oriented negotiation. Collaborative Family Law encourages creative problem solving and engages the strengths of all the team members. Collaborative Family Law attorneys know that to benefit their own client, they must also be supportive of a good settlement for the other spouse or partner. Supportive. Considerate. Sensible. Constructive. Mutual. That’s why Collaborative Family Law is such an effective settlement process for resolving family disputes.
How are privacy and confidentiality protected in the Collaborative Process?
The collaborative process occurs outside of typical court-based litigation. Financial and personal information is kept away from public filings. The Collaborative Participation Agreement, which every member of the collaborative team signs, includes a confidentiality provision protecting all communications occurring during the collaborative process.
When all the decisions have been made and formalized in a Collaborative Marital Settlement Agreement, the court filings required to obtain a Final Judgment of divorce are very minimal compared to a typical divorce. Your personal financial information and parenting choices will never be part of the public record. The typical litigation-style divorce simply cannot offer this level of privacy.
Will the Collaborative Process ensure financial transparency?
The collaborative team determines your family’s financial picture, including assets, liabilities, and income, using a business-like “trust but verify” approach. Clients commit in the Collaborative Participation Agreement to disclose information voluntarily and to verify it with documentation, such as tax returns or bank and investment account statements.
The collaborative process is designed to guard against dishonesty. If there are questions about whether information being provided is accurate, collaborative attorneys can request source documents from an employer or banking institution. Most couples realize it is in their best interests to remain honest and allow the process to work.
Traditional legal “discovery” procedures significantly increase cost and time. Information gathering in the collaborative process is more streamlined and reduces the duplication of work.
Can collaborative practice be used in family law matters beside divorce?
Yes, Collaborative practice can and is used in many types of cases that involve families such as probate and guardianship and business disputes in small closely held corporations.