Collaborative divorce offers spouses a structured way to resolve a divorce outside the courtroom. This guide explains how the process begins, who participates, what happens during team meetings, and why some families choose this approach instead of litigation.
What is a Collaborative Divorce?
A collaborative divorce is a divorce handled through a private, team-based negotiation process rather than courtroom litigation. Both spouses must voluntarily agree to use the collaborative process before the case can proceed this way.
Note: if the collaborative process does not result in an agreement, the spouses cannot use their collaborative attorneys in later litigation. Each spouse must retain a new attorney to proceed in court.
How the Process Begins
These are the initial steps in a collaborative divorce:
- Both spouses agree to resolve the divorce through the collaborative process.
- Each spouse retains a collaborative attorney.
- The spouses and professionals form a collaborative team and schedule a series of meetings.
- The team identifies each spouse’s goals, gathers the necessary information, and develops options for settlement.
- If the spouses reach an agreement, the required documents can be prepared to complete the divorce without contested hearings or a trial.
Who is on the Collaborative Team?
The collaborative team generally includes:
- The two participant spouses
- A collaborative attorney for each spouse
- A financial neutral
- A mental health neutral
The attorneys, financial neutral, and mental health neutral are referred to as the collaborative professionals. They work together to help the spouses exchange information, communicate productively, and evaluate possible resolutions.
What Happens at a Team Meeting?
A typical collaborative session lasts about three hours and follows this format:
- Professional preparation — 30 minutes: The collaborative professionals meet before the spouses join.
- Full team meeting — 2 hours: The spouses and professionals meet together to discuss goals, information, and settlement options.
- Professional debrief — 30 minutes: After the spouses leave, the professionals review the meeting and plan the next steps.
The spouses attend two hours of the three-hour session. Meetings are commonly scheduled in a morning block. Under special circumstances, meetings may be held by Zoom.
How Financial and Family Issues are Addressed
During the meetings, each spouse identifies personal and family goals. The team then helps the spouses explore practical ways to achieve those goals.
The financial neutral gathers relevant financial documents and prepares a net-worth chart showing the family’s assets and debts. The chart can also be used to compare proposed outcomes with the spouses’ stated goals. When appropriate, the financial neutral may calculate potential alimony and child-support figures for the team to consider.
Why Choose Collaborative Divorce?
For many families, the collaborative process can be more cordial, less stressful, and easier to schedule than litigation. It may also cost less and take less time, depending on the complexity of the case and the spouses’ ability to reach agreement. These are some of the benefits of choosing collaborative divorce:
- Stay out of the courtroom and work in an office conference room or, when appropriate, by Zoom.
- Avoid contested temporary-relief hearings, court-ordered mediation, and trial when a full agreement is reached.
- Use a structured process that can be easier to fit into a busy schedule.
- Keep sensitive personal and financial discussions in a private, confidential setting rather than presenting them in open court.
Collaborative divorce gives spouses the opportunity to make informed decisions together with support from legal, financial, and mental health professionals. It is designed for spouses who are willing to exchange information, participate respectfully, and work toward a complete agreement without litigation.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney-client privilege.