About Collaborative Divorce
Collaborative divorce,
a new approach to divorce, offers couples an opportunity to separate
with a minimum of bitterness and animosity. Instead of going in front
of a Judge, the two parties and their attorneys sit down together to
work out the details of the dissolution of their marriage, with the help
of mental health professionals and a financial advisor. Each party has
a lawyer and a divorce coach to assist them. The team works collaboratively
with the couple so that divorcing spouses can reach agreement about the
following:
- division of property
- child & spousal support
- co-parenting plan
- children's living arrangements
- marital status
Both parties are represented by an attorney throughout the
process. No court appearances are required, and all necessary paperwork
can be completed by the attorneys. The primary objectives are to
insure that agreements are mutually satisfying to the parties, likely
to endure and promote the well-being of the children.
Because there are no court appearances, and little paperwork,
the total cost of hiring the collaborative divorce team is lass than
the cost of hiring two lawyers to litigate a divorce. The actual
cost depends on how long it takes to reach an agreement that is acceptable
to both parties.
The collaborative process could work if both you and your
spouse:
- want to treat each other with repect and honesty thoughout
your divorce;
- want to resolve disagreements with a settlement that meets
your children's and your own reasonable needs;
- are willing to participate actively to create a system
for future decision making;
- are willing to negotiate an enduring agreement; and
- are committed to providing for your children's needs.
Resolving matters collaboratively, you may enjoy these benefits:
- spend less money on attorney's fees and costs;
- establish a constructive relationship for co-parenting;
- avoid the emotional toll of a litigated divorce; and
- reach an agreement tailored to your needs.
The Collaborative Divorce Team
A collaborative divorce allows the parties to draw upon
the expertise of various professionals trained to help them arrive
at solutions which promote their long term best interest.
- Attorneys
The attorneys are committed to the cooperative resolution of
all issues. The attorneys facilitate negotiations while
protecting their client's rights.
- Divorce coaches
Mental health professionals help each spouse develop skills and
self-mastery so they may participate effectively in collaborative
negotiations, develop sound strategies for co-parenting and
learn to address future issues reasonably.
- Financial specialist
The parties employ one financial specialist to provide direction
and assistance in gathering financial material, help them
to design realistic budgets and propose various plans for
distribution of assets and debts so that the parties may
make informed choices.
- Child specialist
If necessary, the parties employ a child specialist to provide
an objective assessment of their children's needs with recommendations
for a parenting plan, and to help the children express their
own concerns.
Membership in the collaborative divorce team is limited
to experienced divorce professionals with specific training in
collaborative resolution of disputes.
How To Get Started
The first step is to share information on collaborative divorce
with your spouse. This can be accomplished by sharing this Web site
or by contacting the Collaborative Divorce Team of the Hudson Valley
and requesting an information packet, which contains most of the
information found here. If both of you want to try collaborative
divorce, here are the steps to follow as you begin the process:
- Each of you selects an attorney from the list of
collaborative lawyers and a divorce coach from the list of
mental health professionals. Call either and arrange an informational
meeting which can help you decide whether the collaborative
divorce process suits you.
- Both spouses and your attorneys attend the first collaborative
meeting to sign the Participation Agreement that governs the
process. If temporary immediate measures are required to maintain
stability during the negotiation process, these will be included
in the Participation Agreement.
- Each of you meets individually with your respective
attorneys and respective divorce coaches to identify and discuss
plans and particular issues relevant to your situation.
- Both spouses and your attorney attend subsequent collaborative
negotiations until you reach agreement. Meetings with divorce
coaches to improve communications are held as necessary.
© 2007 Hudson Valley Collaborative Divorce
Association.
All Rights Reserved.
