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Collaborative Divorce

The collaborative process occurs outside of typical court-based litigation. Financial and personal information is kept away from public filings. The Collaborative Participation Agreement, which every member of the collaborative team signs, includes a confidentiality provision protecting all communications occurring during the collaborative process.

When all the decisions have been made and formalized in a Collaborative Marital Settlement Agreement, the court filings required to obtain a Final Judgment of divorce tend to be very minimal compared to a typical divorce. The typical litigation-style divorce simply cannot offer this level of privacy.

Mediation is a positional bargaining event where both sides tend to start high or low in terms of offers and jockey towards some middle ground, sometimes not disclosing to the other side information that would be integral to the settlement process. Often, clients are in separate rooms and, even if meeting together, have minimal opportunity to hear and understand the wants and needs of the other side or the true direction being taken by the attorney for the other client. Going straight to mediation may shoehorn a final decision. If mediation is unsuccessful, the next step is preparing for trial which can create undue pressure to reach a settlement. Clients are often left wondering what they left on the table or did not know. Sometimes mediation also reinforces a power imbalance between the couple.

In contrast, one of the cornerstones of the Collaborative Process is interest-based negotiation. In this settlement model, the team, consisting of you and your spouse, your respective attorneys, and the neutrals, learns each person’s interests and goals, and then works together to fashion a durable resolution. Decisions are made by you and your spouse, after agreed financial disclosure, bolstered by being advised by the team of options and alternative solutions. The overarching goal of the Collaborative Process is to guide the couple toward creating a sustainable, new family unit.

Absolutely. Your attorneys will confer and file with the court a Notice of Intent to Proceed Collaboratively and the case will be taken out of the normal litigation track. Court deadlines and trial requirements will be suspended so the divorce can proceed through the Collaborative Process to conclusion.

Cases are not one size fits all. The Collaborative Process considers the needs and wants of the couple, meaning you control the pace and timing depending on your family’s circumstances. Collaborative Divorces where both sides timely disclose their financial information and participate, if relevant, in working towards a Parenting Plan, often can resolve in four to six months. Collaborative Divorces requiring complex financial calculations, such as business valuations or property appraisals, may take additional time, but tend to resolve much sooner than litigated cases.

The collaborative meetings set a foundation for healthy coparenting by modeling how to build options and discuss outcomes cooperatively even when the issues are sensitive for the family. This practice then translates into parents who respect the role of the other parent, allow for differences in parenting, and see the value of both parents in the lives of the children.

The collaborative process is designed for all kinds of divorcing families, including those experiencing acrimony and hostility. The collaborative team works early to identify and address communication or emotional issues that may get in the way of successful negotiations in the collaborative process. The “one-size-fits-all” traditional divorce encourages polarization through court filings, which inflames matters. The collaborative team includes a mental health professional whose expertise is addressing emotional issues and dysfunctional communication. The team seeks to reduce tension between the spouses while acknowledging and tackling the difficulties inherent in the divorce process.

You and your spouse will each need to hire a collaborative attorney who will represent you in a collaborative divorce. You can find a list of collaborative attorneys in the directory here. If needed, the first attorney retained on a collaborative divorce may provide a list of suggested names of collaborative attorneys for the other spouse to consider.

Once both collaborative attorneys are retained, they agree upon a mental health neutral and financial neutral to join the team based on the unique issues your family faces. At that point, the clients, attorneys, and neutrals sign a Collaborative Participation Agreement and a Collaborative Communications Agreement to formally begin the collaborative divorce process.

The collaborative team determines your family’s financial picture, including assets, liabilities, and income, using a business-like “trust but verify” approach. Clients commit in the Collaborative Participation Agreement to disclose information voluntarily and to verify it with documentation, such as tax returns or bank and investment account statements.

The collaborative process is designed to guard against dishonesty. If there are questions about whether information being provided is accurate, collaborative attorneys can request source documents from an employer or banking institution. Most couples realize it is in their best interests to remain honest and allow the process to work.
Traditional legal “discovery” procedures significantly increase cost and time. Information gathering in the collaborative process is more streamlined and reduces the duplication of work.

Family Transition Specialist

A family transition expert provides emotional support, guidance, and tools to navigate the challenges of divorce, helping you manage stress, communicate effectively, and make informed decisions for the well-being of your family.

Absolutely. A family expert has specialized training in co-parenting guidance and will assist you in developing effective co-parenting strategies, resolving conflicts, and creating a healthy and nurturing environment for your children.

The duration of your work with the family expert varies depending on the unique needs of each family. Generally the family transition expert’s engagment is limited to the completion of the divorce process. Some families may benefit from additional counseling by one or both parents with thier own therapists to achieve their desired outcomes. The Consensus process welcomes participation of individual spouse’s therapists if needed.

A family expert works with both parties together in joint sessions and individually to facilitate constructive discussions and problem-solving. They can also work with individuals separately to address personal concerns relating to divorce and co-parenting issues and provide additional support.

Joint Financial Specialist

No, the joint financial specialist remains neutral throughout the process, acting as a facilitator of financial discussions. They provide guidance and support to both parties, ensuring fairness and equal representation.

Absolutely. A joint financial specialist can help you develop a comprehensive financial plan that considers your future goals and supports your transition into post-divorce life. They provide guidance on budgeting, asset division, retirement, and financial considerations related to child support and alimony. The Consensus process also welcomes the participation of any financial professional who are or will be working either client after the divorce.

The role of the joint financial specialist is to provide financial expertise, analysis, and guidance. They do not provide financial advice, per se, or legal advice and they do not represent either party–they assist both spouses during the divorce process. The divorce lawyers work alongside the joint financial specilaist to address legal matters and ensure a comprehensive approach to the divorce process.

Choosing the Consensus Process empowers you to maintain control over decisions that shape your family’s future. By committing to stay out of court, our team can focus solely on resolving issues and finding solutions, rather than preparing for litigation. As a result, a Consensus Divorce Process is typically less expensive than traditional litigation. Most importanly, no one can predict the full and final cost of a traditional divorce; here at Consensus you will know the total cost upfront, before you begin.

Individual Legal Services

Absolutely. The difference is that your lawyer is committed to negotiating an acceptable resolution for you and not to wasting your hard earned money on “preparing a case” in the hope of persuading a total stranger, the judge, to take your side. Over 89% of divorce cases settle prior to trial. Why waste your time and money preparing for something that won’t happen?

Instead, your lawyer can focus on your needs and wants after you are divorced and dedicate all of his or her time and energy in achieving as many of those as possible. You will always have attorney confidentiality and will talk to your attorney in private to prepare for negotiation sessions and at any other time you need to.

Strategic, Streamlined and Supported.

No one can tell you what a traditional or litigated divorce will cost. That is because most lawyers bill by the hour and the client has no way of anticipating how many hours will be spent on his or her case. You have no control over what actions the lawyer deems necessary or how long those may take. At the end of each month, you will get a bill and be asked to pay it. One month is may be minimal and the next it may be thousands of dollars. And each spouse will be paying their lawyer on demand. It’s liking going to the grocery store where your lawyer gets to put into the cart whatever they want and you have to pay for it!

At Consensus, our team will get to know your family, evaluate your case, decide what needs to be done to complete your parenting agreement and the division of your assets and liabilities and then give you a price. Upfront. Before you begin.

One price, one place, one team.

The Consensus Divorce Process is kind of like mediation, only better. You will be negotiating an acceptable resolution, which is what we try to do in mediation. but you will have the support and assistance of your family counselor and financial expert along with your lawyer.

Contact The Collaborative Divorce Center:

Call us at (386) 271‑8044, email us at pam@masterscdc.com, or fill out the form below and we will be in touch.