The Collaborative Divorce Process

Our office provides representation to family law clients in both traditional litigation and collaborative law formats.

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 with either spouse.

The collaborative divorce process involves the assembly of a team of professionals who are all committed to achieving an amicable resolution of the divorce without going to court. In addition to the attorneys, the team includes four other professionals. Each spouse has his/her own mental health professional who functions as a "divorce coach," assisting the spouses in dealing with the emotional issues in the case. There is also a third mental health professional who serves as a "child specialist," focusing on the needs of the children. The final member of the team is a financial specialist 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.
• A collaborative divorce usually costs much less than a litigated divorce.
• At the end of a collaborative divorce the spouses are more likely to retain goodwill and mutual respect.
• The feelings and desires of the children are considered.
• 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.