Collaborative Law

You don’t have to let a judge determine how your assets will be split, or what your parenting time schedule will be. Collaborative law happens entirely outside of the courtroom, and allows you and your spouse to create an agreement that works for both of you.

You must be thinking, “But we are divorcing! There is no way we can reach an agreement.” The collaborative process is not appropriate for all cases. However, before dismissing the process, I encourage you to discuss the possibility with a collaborative attorney.

The “collaborative commitment” is the cornerstone of the process. Before beginning the process, the attorneys agree they will not go to court. If the collaborative process breaks down and the parties decide to proceed to litigation, they must hire new lawyers. This prevents gamesmanship, and eliminates the threats of “we will just go to court.”

Collaborative cases start with an attorney for each party, a facilitator, and a financial expert. Typically, the facilitator has a mental health background, and can help each party articulate their own needs and understand the other party’s needs. The financial expert will review the total asset picture, and help the parties reach an agreement that is both fair and maximizes the tax benefits to each party. Additional experts (such as coaches, therapists, or child specialists) can be added to the process as needed.

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