What is Collaborative Divorce?

Our office is now offering Collaborative Divorce services. In a Collaborative Divorce case the spouses and their attorneys sign an agreement in which they commit themselves to resolving the issues in the divorce without going to court. The agreement further provides that if either spouse decides to litigate the case in court, both of the attorneys will withdraw from the case and will not be allowed to perform any further services in connection for either spouse.

The Collaborative Divorce process involves the assembly of a team of professionals who are all dedicated to achieving an amicable resolution of the divorce without going to court. In addition to the attorneys, the team includes four other professionals.

• Divorce Coach: Each spouse has his/her own mental health professional who functions as a "divorce coach," assisting the spouses to deal with the emotional issues in the case.
• Child specialist - a mental health professional who focuses on the needs of the children.
• Financial Specialist - an expert, such as an accountant or financial planner, who assists the spouses in creating household budgets and dividing the community property.

A Collaborative Divorce differs from the traditional litigated divorce in several important respects:

• A Collaborative Divorce can usually be completed in a few months. A typical litigated divorce takes between six and eighteen months to complete, sometimes longer.
• A Collaborative Divorce usually costs between one-third and one-half the cost of a litigated divorce
• The spouses in a Collaborative Divorce case use joint accountants, mental health consultants, appraisers, and other consultants, instead of hiring their own separately retained experts.
• At the end of a Collaborative Divorce the spouses are more likely to retain goodwill and respect.
• The feelings and desires of the children are considered throughout the entire process.