Frequently Asked Questions

We know divorce is difficult.

Collaborative practitioners are specifically trained, experienced professionals who can lead you through the legal, emotional, and financial aspects of dissolving your marriage. The Collaborative Divorce process aims to put you and your family first. No lawyers or courts dictating your life.

This is divorce on your terms- taking care of what matters to you most.

 

 

What is "collaborative divorce"?

Collaborative Divorces are a voluntary dispute resolution process in which parties settle the terms of their dissolution without resorting to litigation.

In Collaborative Divorce:

  • The parties sign a collaborative participation agreement describing the nature and scope of the matter;

  • The parties voluntarily disclose all information which is relevant and material to the matter that must be decided;

  • The parties agree to use good faith efforts in their negotiations to reach a mutually acceptable settlement;

  • Each party must be represented by a lawyer whose representation terminates upon the undertaking of any contested court proceeding;

  • The parties may engage mental health and financial professionals whose engagement terminates upon the undertaking of any contested court proceeding; and

  • The parties may jointly engage other experts as needed.

Collaborative Divorce provides you and your spouse or partner with the support and guidance of your own lawyers without going to court. Additionally, Collaborative Divorce allows you the benefit of licensed mental health and well-being professional, along with child and financial specialists, all working together with you on your team.

In Collaborative Divorce, core elements form your commitments to this process, which are to:

  • Negotiate a mutually acceptable resolution without having courts decide issues.

  • Maintain open communication and information sharing.

  • Create shared solutions acknowledging the highest priorities of all.

What are the benefits?

There are several benefits to choosing a Collaborative Divorce, but for it to work both spouses must be committed to working together to have an amicable divorce.

The Advantages:

  • You each have more control over the outcome. You can voice your opinions and know that you will be heard.

  • You get to agree to settlement issues based on compromise and fair play instead of having a judge make the final decisions that affect your lives.

  • The process can take less time than litigation because you chose the time and place you meet instead of dealing with the timetable of busy courts and attorneys.

  • There is far less stress and anxiety involved because you are playing a more active role in the divorce.

  • You know that you worked together to make life easier for everyone. This is especially important if children are involved.

  • This process is completely private. Unlike regular court proceedings in which members of the public can review your file, everything in the collaborative process is private.

  • Costs in traditional court proceedings are difficult to control. Costs in the collaborative process are straightforward and predictable.

What is the collaborative process?

When you decide on Collaborative Divorce, each of you hires a Collaboratively trained attorney. Everyone agrees in writing not to go to court. You will meet privately and in face-to-face talks with your Collaborative professional team, which includes a licensed mental health and well-being professional, financial professionals and/or child specialists.

All meetings are intended to produce an honest exchange of information and clear understanding about needs and expectations, especially concerning the well-being of children. Mutual problem-solving by all parties leads to the final agreement.

How do I get started?

First, review some of the bios of the professionals in your area. Find a few that you might like to speak with, then reach out to the professionals directly to start the conversation.

Can I talk to a neutral person first?

Yes, of course, review the neutrals information and just reach out when you are ready.

What will a collaborative divorce cost?

Typical collaborative divorces cost between $15,000 and $25,000 per couple.

Except for the attorneys, all professional team members, experts, and child specialists will be jointly hired and work for both parties. All professional team members are independent from one another, have no financial connections, fee-setting, fee-sharing, or referral fee arrangements with one another.

Each professional team member must be paid separately for her/his services. The fees of the parties' attorneys are likely not identical.

Each professional will request a retainer before work can begin. A retainer is an amount of money paid upfront to secure the services of a collaborative professional. Payments are drawn directly from the retainers each month, saving you time and energy. Once your case is complete, any unused funds are refunded to you.