How does Collaborative Divorce work?

You, your spouse, and your lawyers promise in writing to:

• voluntarily disclose all financial and other relevant information
• proceed respectfully and in good faith as you negotiate toward a settlement
• refrain from using, or threatening to use, the court litigation process.

Because everyone involved commits to freely disclosing necessary information, formal measures such as court orders are unnecessary. There are no argumentative, accusatory, or threatening letters between lawyers, no unreasonable positions, and no sworn statements with hurtful accusations.

In the Collaborative process, you and your lawyers utilize interest-based negotiation. This approach to dispute resolution focuses on the underlying needs, wants, values and objectives you both bring. When you and your ex agree on what is truly important to you, you can engage in interest-based negotiation to fashion the resolution that best addresses your common objectives. Interest-based negotiation encourages win-win solutions, creative problem solving, and settlements that meet the needs of all members of the family, spouses and kids alike.

Because Collaborative Divorce is a team approach to resolving your family law disputes, a key component of the process is the four-way meeting. In this structured setting, both parties and their lawyers communicate and negotiate directly with one another. If and when you need additional Collaborative professionals, such as mental health or financial specialists, they can be added to the team.

Once you’ve resolved all the issues, your lawyers will ensure that the paperwork is properly drafted and is legally enforceable. Before you sign the agreement, often called “Minutes of Settlement,” each lawyer will carefully review the document with their client to ensure that each of you understands the agreement and is happy with the terms. Your lawyers will also prepare any necessary court documents, such as the Joint Statement of Claim for divorce, and other divorce documents.