COLLABORATIVE DIVORCE

We recognize that the unfortunate process of Divorce can often be expensive, extremely time-consuming, and a lot less amicable than one would hope. There is an alternative method of going through the difficult break-up of a marriage........the collaborative approach.  We have highlighted some key aspects of that approach below. 

COLLABORATIVE DIVORCE PRACTICE AND LAW

We welcome the opportunity to assist you in this process, which is designed to eliminate costly and emotional litigation.  It can be less expensive, more amicable, and much more self-directed. Some of the key highlights of the Collaborative Divorce Process are:
  1. A cooperative process where the parties actively participate in all negotiations, face-to-face, assisted by lawyers who are trained in the Cooperative and Collaborative Process of Divorce.
  2. It is a method of consensus building and dispute resolution in which contested litigation is not only eliminated, but agreement is the sought after and only goal of the parties.
  3. In the process, husband, wife, and the lawyers, make a commitment to fully and fairly disclose the nature and extent of all assets and to not engage in litigation. 
  4. The parties commit to having good faith negotiation not bound by rules of evidence, law or what might happen in court.
  5. The involved lawyers are involved for one and only one purpose – to help facilitate an acceptable agreement between the parties.
  6. The involved lawyers agree in advance, in writing, that neither will file a court case other than to obtain an agreed upon order or to process the Divorce paperwork in an uncontested fashion.  That means NO contested litigation. 
  7. Not always, but sometimes, experts are utilized, such as an estate planner, a wealth adviser, or an accountant, to assist the process, in a neutral fashion. The expert is hired by both parties, and his or her allegiance is to a fair and balanced approach for both parties.   He or she will not testify, ever, in favor or one party or the other.
  8. It does not matter what a Judge might say, or what the Statewide Support Guidelines say, or what typically happens with regard to a custody arrangement in this process. The parties agree to respectfully and amicably resolve differences with an eye toward fairness and, as it pertains to children, to recognize that both parents play an important and essential role in the life of the children. 
  9. Blame, fault, and who did what to whom is not the focus. We work diligently to cooperatively and respectfully plan for the future of both parties.
  10. Overall, what we do is:      Discuss the process;  Sign a Collaborative Divorce Participation Agreement;  Gather information and documentation;  Evaluate what each party needs, both short-term and long-term;  Brainstorm and explore possible scenarios and resolutions;  Prepare appropriate documents and agreements;  and finally,  process the divorce on an uncontested basis.