Collaborative Law

In addition to the traditional approach to family law, we are also at the forefront of a nationwide movement towards a more moderate, less acrimonious approach. Imagine, if you will, a world where you could get a fair, reasonable, financially sound divorce. A world where the divorce process actually helped the children. A world where, at the end of the divorce, the parties weren't financially and emotionally devastated.

Welcome to the new world of "collaborative divorce", the first really revolutionary approach to divorce and family law in a century. Our lawyers were among the first in the country to develop and work in this area. The approach by lawyers and the parties in a collaborative divorce is unique. Instead of the usual adversarial approach, the parties and their lawyers agree, in the beginning, to use a collaborative process.

The collaborative approach is that of a team. Besides the parties and their lawyers, the team may include a financial advisor, a child therapist, and collaborative coaches. All involved must agree that the information used in the collaborative process cannot be used in an adversarial process: in other words, if the team approach fails, and the case goes into active litigation, the team members cannot be forced to testify in court. In fact, if the parties become adversarial, or fail to work honestly and in good faith, the attorneys are mandated to withdraw from representation.

A typical collaborative divorce would proceed along the following lines. One spouse meets with an attorney, who advises her about the collaborative process. The spouse reviews written materials outlining the details of the process. She gives the materials to the other spouse, who decides to try it. The other spouse meets with another collaborative attorney.

The two attorneys talk, outlining their understanding of issues that the spouses need to work through, and finally sign an agreement among the parties and the attorneys, which formalizes the process. If there are a lot of issues, such as property or child custody, the parties may decide to retain coaches to help them with their emotional needs, and to streamline the procedure. This is especially critical to help the parties learn to effectively communicate during, and after, the divorce process. Sometimes there is considerable property, or complicated investments and the parties may decide to hire a financial coach. Or children are involved, in which case a child therapist should be hired. There will be several sessions between attorneys and the parties, and between the parties and the specialists. The financial coach will have received the necessary information from the parties, and the child therapist will have met with the children, the parents, and any other necessary people. The parties will receive the information, and emotional support, that they need to reach a settlement. Although more specialists are involved in the beginning, the outcome will be fairer and less expensive than that achieved after a lengthy, acrimonious and expensive court battle. The parties will have learned to deal together post-divorce, the children's needs have been addressed from the beginning, and the property has been divided with the future in mind. Best of all, a pattern of trust and fairness will have been established. Please contact us today for further information about our family and collaborative law experience and how we can help your family.