Definition Collaborative Divorce - a less costly, litigation-free way of settling disputes by which two parties agree in writing not to use court action.
Application in Divorce In collaborative law, lawyers act as negotiators, not litigators. Collaborative law is not adversarial. If an agreement cannot be reached, new counsel is retained to litigate. See Alternative Dispute Resolution (ADR).

With Collaborative Law, the ultimate goal is to reach a settlement over the following issues, but not limited to, support, alimony, custody, property and debts, in your divorce matter without going to Court. Each spouse is represented by his or her own Collaborative attorney. The attorneys and spouses agree, in a written contract, to share all financial and other pertinent information relevant to the divorce without claiming confidentiality. This vital element of the process is what makes the collaborative divorce settlement process so unique. Since each spouse is willing to cooperate and share this information the time in which the attorneys must do extensive research and actually investigate the financial situation of the marital estate is drastically diminished, which decreases the legal costs and the actual time line of the divorce procedure.

Each spouse also agrees, in writing, with his or her own attorney that if the matter cannot be settled, the attorney will withdraw from representation and the spouse will have to hire a new lawyer to litigate the case. If the divorce does turn for the worse, there is a conflict in interest. A Collaborative lawyer typically does not participate in litigious cases. (The requirement of getting a new lawyer also does a great job of keeping both spouses on target about a collaborative settlement.)

The spouses and attorneys meet as many times as necessary to completely resolve all the matters at hand. The more complex the case, the more times the spouses and attorneys will have to meet.

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Questions & Answers
What are some of the benefits of collaborative divorce?
A collaborative divorce is much cheaper than a traditional, adversarial divorce, even including the cost of a collaborative divorce team. Since the couple will negotiate the issues during the collaboration, time is not spent arguing under the formal rules of court. It is generally faster than traditional litigation. Not only will a couple be able to schedule a collaborative divorce session many months before their case would come to trial, but the sessions themselves generally take less time than a case in court. Collaborative divorce is much less emotional and less chaotic than a traditional divorce, while being a little more structured than a mediation.
Contributed on 8/21/2007 by: Divorce Source, Inc.Allentown, PA[Total Submissions: 60]
Category: Collaborative Law  (Applicable in All States)
Who all is involved in a collaborative divorce?
Ideally, there is the "collaborative divorce team," which consists of the divorce coach, who acts in much the same way as a mediator, to facilitate discussion and defuse highly charged issues; the child specialist, who helps children express their concerns while providing the parents information; the financial specialist, who assists the participants with the financial aspects of divorce; and the lawyers who have with experience in collaborative law. The team works together to resolve legal problems (not all these professionals are required to proceed with the collaborative law solution).
Contributed on 8/21/2007 by: Divorce Source, Inc.Allentown, PA[Total Submissions: 60]
Category: Collaborative Law  (Applicable in All States)
How do I start the collaborative divorce process?
Attorneys who practice collaborative divorce form "collaborative practice groups.” A first step is to identify a collaborative practice group near you. The International Academy of Collaborative Professionals keeps a record of these groups that can be referenced on line. A second step is to contact a collaborative attorney in a group and make an appointment to discuss whether the collaborative approach makes sense for your situation. You may want to invite your spouse to attend this information session as well. A third step is to discuss with your spouse the collaborative option and determine if the two of you are in agreement to proceed with it. The final step is for you and your spouse to each retain collaborative attorneys. You and your respective attorneys enter into a Collaborative Law Participation Agreement and the process begins.
Contributed on 6/25/2008 by: Separating Together, Inc.Raleigh, NC[Total Submissions: 1]
Category: Collaborative Law  (Applicable in All States)
Is Collaborative Divorce right for me? I am very angry over the circumstances of our separation.
Anger is a normal feeling during divorce. If you didn’t feel angry there would be something wrong! Usually, one person has been unhappy & angry for a period of time. The other is often in shock and has to deal with lots of emotions – sorrow, fear and certainly anger. Whether you or the other is the angry one, it’s never easy. Anger builds up without your knowing it – and will cause you (or your spouse) to lash out. Anger can be expressed in a collaborative negotiation and it is a valuable tool for shaping a better divorce agreement. In any negotiation, anger is a clue that something important has not yet been expressed. In collaborative practice, it can be explored and understood. I want to hear how you are each feeling and to understand why you (or they) are angry. Anger gives us a key to use to shape a divorce agreement.
Contributed on 9/3/2008 by: ReSolutionsBrooklyn, NY[Total Submissions: 3]
Category: Collaborative Law  (Applicable in All States)
Which is a better option for my case - Mediation or Collaboration?
Clients often ask if they should mediate or go through the collaborative process. It may help to honestly answer the following questions:

Q: Do I feel confident that I can effectively negotiate for myself?

A: If you feel comfortable negotiating on your own behalf then collaborative law may be unnecessary. If you feel you could benefit from the assistance of an attorney then collaborative practice may be better for you than mediation.

Q: Is it important for me to have legal advice as I go through my divorce?

A: Collaborative practice provides you with the benefit of a knowledgeable attorney who can advise you at every step of the way. You can also have an attorney in mediation, but the attorney is with in all phases of the collaborative case.
Contributed on 8/17/2009 by: Forrest Collins, Mediator and Attorney at LawPortland, OR[Total Submissions: 1]
Category: Collaborative Law  (Applicable in All States)

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Helpful Tips & Facts
  1. Choosing the Collaborative Approach to Divorce
    Keep in mind that this type of legal approach is obviously not applicable to all divorce matters. However, when employed in the appropriate case, the Settlement Agreement reached is almost always more satisfactory and effective to both spouses, because each has had a full opportunity to be a part of the developmental stages of the final outcome.
    Contributed on 6/20/2007 by: DivorceDex.com Staff
    Category: Collaborative Law  (Applicable in All States)
  2. The Collaborative Divorce
    Longer and slower than mediation, a collaborative divorce is still cheaper than litigation.
    Contributed on 6/20/2007 by: DivorceDex.com Staff
    Category: Collaborative Law  (Applicable in All States)
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Additional Resources
International Academy of Collaborative Professionals
Divorce Mediation and Collaborative Law: Sibling Rivals, or Just Siblings?
If a paradigm is a way of looking at matters, and a paradigm shift is a change in how we approach a problem, over the last decade, there has been a paradigm shift in family law. Increasingly, family lawyers and litigants have been looking to alternative dispute resolution to explore settlement options and negotiate agreements more efficiently and effectively, with the assistance of a neutral third party (or parties).
When Should You Choose Collaborative Divorce
There are many law firms that limit their family law practice to collaborative divorce. Our firm does not. We offer a full range of services for divorcing people, including collaborative divorce, mediation and litigation advocacy, including trials in all court in Masschusetts. We are committed to helping each client determine what approach is the most likely one to get them through the divorce process with the best outcome.
Collaborative Law: Divorce Without War
Collaborative law is a new way to resolve disputes by removing the disputed matter from the litigious court room setting and treating the process as a way to "trouble shoot and problem solve" rather than to fight and win.
Collaborative Divorce - A Healthier Alternative
Like other alternatives to the traditional litigated divorce, collaborative divorce is a more dignified way of separating that allows the spouses, the children, and even the assets, to emerge healthy.
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