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Collaborative divorce
is a process that brings the best of legal, personal,
and financial wisdom to the divorce process in a humane
and cost-effective fashion. This inter-disciplinary
model offers a process of separation and divorce that
protects the dignity, integrity, and the long-term best
interest of family members, specifically children.
The inter-disciplinary team:
- Attorneys that have specific Collaborative Divorce
training
- Coaches (mediators and/or mental health professionals)
with specific Collaborative Divorce training
- Financial planners who have specific Collaborative
Divorce training
The degree to which each professional is
involved depends on the unique needs and circumstances of the
client family.
Benefits of the Collaborative Divorce
Process
Divorce is both an ending and a beginning. Collaborative
Divorce helps each spouse anticipate their needs in moving
forward, and include these needs in the process. When children
are involved, their future is a priority. The process is
respectful and dignified, helping families make a smoother
transition from one stage to the next stage of their lives.
Where the traditional divorce takes place in the public
adversarial environment of the courtroom, the Collaborative
Divorce takes place in privacy with a team of collaborative
professionals who encourage clients to view divorce as an
important social phenomenon that’s capable of creating honorable
and life-enhancing results for the future of all members of the
family. Instead of pulling in opposition to each other,
Collaborative attorneys share the goal of cooperative problem
solving. Research shows that the most creative solutions, in the
best interest of the parents and children, are generated in
respectful and non-adversarial environments.
What does the process look like?
Please know that every divorce is different. With that said,
each professional uses the same road map, beginning with
gathering information and moving through interests, values,
goals, brainstorming, and consensus that leads to the specifics
of resolution. Although one may just want to get it over with,
it’s of particular importance to avoid prematurely expecting
resolution before a strong foundation of facts have laid the
groundwork of mutual understanding. Basically, there are three
stages:
- Inter-disciplinary team is established. The roles
of all parties are clearly identified in a Participation
Agreement and discussed until both parties fully understand
the process and its implications. The signing of this
agreement means that the professionals can communicate with
each other and that if the collaborative process is not
successful, the spouses have agreed that all records are
protected from future use in court proceedings. Relevant
agreements are then made between each spouse and the
professionals they work with directly. In this process all
professionals are gathering data for best use of time in the
working stage.
- Working stage. This stage represents the bulk of
the work. The unique dynamics of the family are identified
and any problems worked through. This “working through” will
look different for different situations. Meetings may be
one-on-one, or any combination of client, attorney, coach,
and financial specialist.
- Conclusion. This stage involves the specifics
about resolution in all areas of the divorce and signing of
documents (parenting plan, division of assets, and other
aspects of the separation). Clients meet with attorneys or
coach to reach final settlement. Clients may request a
debriefing session with their coach to debrief the process.
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