Collaborative Divorce

COLLABORATIVE DIVORCE

Collaborative divorce is a new way for divorcing couples to work as a team with
trained professionals to resolve their issues without going to court. Collaborative
Divorce is not simply sitting down with a couple of attorneys and trying to
negotiate a deal. During the collaborative process, each party has the support,
protection and guidance of his or her own lawyer, but the lawyers, clients and
other trained professionals work as a team. Other trained professionals may also
be involved in the process if the couple wants them to join the team. Other
professionals available to the couple include specially trained financial specialists,
divorce coaches and child specialists. In the collaborative process, the lawyers,
clients, and other professionals who join the team work to help the couple focus on
their most important goals, and all agree to do so without engaging in the litigation
process.

The Biggest Differences between Collaborative Divorce and a Litigated Divorce
are:

CONTROL
In the collaborative process, both spouses and their attorneys agree that they will
not go to court to resolve their differences. This ensures that the couple, and not a
judge, will ultimately decide the outcome of their divorce.

COLLABORATION
Instead of going to court to "fight it out", the couple works with their lawyers and
other professionals as a team, rather than against one another, to find a mutually
beneficial resolution to the issues in their divorce.

COMMUNICATION
The biggest barrier to a resolution of issues in a litigated divorce is a lack of
effective communication. The collaborative process is structured to provide the
couple with a framework through which they can effectively communicate their
goals and concerns.

HOW DOES IT WORK?

The process begins with each spouse choosing his or her own lawyer who is
trained in the collaborative process. After meeting individually with their
attorneys, the couple and their attorneys meet together to affirm their
commitment to the collaborative process, which includes agreeing in writing to
adhere to the principles of collaborative practice. This requires a commitment
that the parties will not resort to litigation to resolve their differences, and if they
do their collaborative lawyers cannot represent them. All members of the team
also review the ground rules for future meetings. Regular meetings are then held
during which the team works to help the couple resolve their differences. Of
course, the parties are free to meet with their attorneys individually at any time
to discuss their concerns and receive individual support during the process.

WHAT DO THE OTHER PROFESSIONALS DO?

DIVORCE COACH
The divorce coach is a mental health professional that provides additional
individual support and guidance to each spouse during the divorce process. A
divorce coach can help each spouse deal with the stress and emotional strain
inherent in the divorce process, while at the same time help each spouse focus on
his or her goals throughout the process. A divorce coach can help each spouse
develop positive goals for a new future and identify individual strengths that can
help that person reach those goals.

FINANCIAL SPECIALIST
Because the divorce settlement will impact the future financial health of each
spouse and the children, it is important to make sure the structure of that
settlement will maximize each spouse's financial well-being and the financial
well-being of the children. A financial specialist can help the couple identify the
issues that will impact the financial health of everyone involved. The financial
specialist can also help the couple analyze their options so they can effectively
determine the options that maximize the benefits to all family members.

CHILD SPECIALIST
The child specialist is an individual (usually a mental health professional) that is
trained identifying the needs of the children and conveying those needs to the
team. The child specialist's job is to meet with the children and help them express
their feelings and concerns about the divorce. The child specialist then conveys
those feelings and concerns to the team so they can be considered when planning
those parts of the agreement that have an impact on the childrens' lives.

If you are interested in obtaining more information about how the
Collaborative Divorce process can provide you with the support, protection and
guidance you need in a collaborative atmosphere that is structured to remove
the threat of litigation, contact the Law Office of Rosemarie at (631) 979-3480
or email us at collaborativelaw@rosemariebruno.com.