The Collaborative Process
Collaborative Divorce offers a safe, respectful and private process for shared decision-making by divorcing couples. In the process, you and your spouse will work with a Collaborative professional team to help all members of your family.
You and your spouse will each be represented by a Collaborative matrimonial attorney, who will guide you throughout the process, and help you craft the best resolution for your family. In addition to your lawyers, you will work together with a neutral financial professional, a neutral coach, and, when needed, a child specialist.
The team of collaborative professionals offers skilled guidance to help you reach workable solutions for your family’s future lives. The team encourages respect and cooperation throughout the process, and maintains a balanced view of the issues and potential solutions.
At a Glance: The 5 Steps
1. The Commitment
Signing the “Participation Agreement” creates a safe environment for negotiation.
2. Building Your Team
Selecting attorneys and neutral experts (Financial and Mental Health professionals, if appropriate) to support the whole family.
3. Information Gathering
Complete, voluntary financial transparency without subpoenas.
4. The Four-Way Meetings
Scheduled, respectful sessions to discuss children, assets, and future goals.
5. Resolution
Drafting and signing the agreement. You are divorced without entering a courtroom.
You and your spouse will discuss the issues that are most important to you, directly, without the stress and hostility of court, creating a pathway toward resolution that is typically more efficient, with an outcome more durable, than that achieved in court.
You and your spouse will work together in structured, face-to-face meetings, and will:
- identify your priorities and goals
- gather and analyze your financial information
- develop your economic picture and discuss options for sharing assets and liabilities, handling cash flow, and supporting your children financially
- develop a parenting plan designed to meet your children’s needs
- create an effective co-parenting relationship that will enable you to make future decisions together for the benefit of your children
- brainstorm and assemble options to reach final resolution
Once you have reached final agreement on all issues, your attorneys will formalize these decisions in a legal settlement agreement, which will become the basis for your divorce. No court intervention is needed except for the filing of uncontested divorce papers, which results in a judgment of divorce incorporating the terms of the settlement agreement. You and your spouse will not appear in court and your divorce remains a private family matter, safeguarding the dignity of each family member.
Compare Your Options
| Feature | Collaborative Divorce | Mediation | Litigation (Court) |
|---|---|---|---|
| Decision Power | High (You & Spouse Decide) | High (You & Spouse Decide) | Low (Judge Decides) |
| Privacy | 100% Private | Private | Public Record |
| Professional Support | Full Team (Lawyers, Coach, Financial) | Neutral Mediator Only | Adversarial (Lawyer vs. Lawyer) |
| Pace & Schedule | Flexible (Your Schedule) | Flexible | Fixed (Court Schedule) |