COLLABORATIVE DIVORCES

Where both parties to a divorce wish to avoid a cruel, merciless and one-side result, COLLABORATIVE DIVORCE is an option. People who chose collaborative divorce want what is fair for themselves and for the other spouse. While the may agree that irreconcilable differences necessitate a divorce, they understand that divorce is a problem they can solve together without becoming adversaries.

WHAT IS COLLABORATIVE DIVORCE? A collaborative divorce is one where the divorcing couple contracts to settle their divorce outside of court. While a collaborative divorce is customized to each couples unique situation, most have the following elements in the agreement:

a) Each hires their own attorney. The attorneys agree to serve in a collaborative process. If either party withdraws from the collaborative process, they have to hire new attorneys. The attorneys who served in the collaborative process must bow out.

b) Each agrees to fully and completely disclose all information. Nothing is to be held back, even if the other side does not request the information. Both sides will make decisions based on the same information.

c) The parties and their attorneys meet together. A plan is created to share information and to systematically deal with all the issues.

d) Instead of each side hiring their own experts, they agree to hire an expert who they both can trust. The experts are instructed to be nonpartisan in their analysis.

e) Costs of experts and others who help with the process are divided by an agreed formula.

f) Any court order is the result of a voluntary agreement. In case of an absolute impasse, the parties can agree to the consequences of abandoning the collaborative process in favor of an adversarial court process.

WHAT ARE THE BENEFITS? In most cases the parties benefit from:

a) Faster final decisions.

b) Money saved on attorney and experts.

c) Decisions customized to the needs of the parties.

d) Since decisions are voluntary, there are no appeals and parties are more likely to abide by them.

e) The process reduces ill will.

WHAT IS THE DOWNSIDE?

a) If the parties can not come to an agreement, the attorneys and expert hired can not be used in an adversarial process so considerable additional costs follow.

b) If a party is not motivated to complete the divorce they can drag their feet and stymie the collaborative process.

c) Collaborative processes do not work when parties have unequal bargaining power, personality disorders, or are dishonest.