A Collaborative Divorce Process

In family law, couples undergoing the divorce process can sign an agreement not to go to court. Known as Collaborative Family Law (CFL), the agreement not to go to court is binding upon the attorneys and not the couple. If one or both clients are unsatisfied, either may still take the dispute to court. However, they will have to find new lawyers. At its core, the CFL process is meant to develop consensus between parents for a mutually acceptable settlement. This settlement can include a division of assets, spousal or child support and/or the ongoing care of the children.

Dispute Scenario

In typical dispute scenarios, both parties retain their own financial advisor and may also be subject to a custody assessment. The results from financial planners often vary and in these circumstances, the dispute must then widen to include experts. Their recommendations may not reflect the position of either or both parties, and hence their involvement may become conflicted as well. Other third parties can also be drawn into the dispute.

In the CFL process, while the couple retains separate lawyers, they also retain a single financial advisor, and even child experts and divorce coaches, who form a team with the attorneys and clients. These experts act as consultants within the team framework, and because each party has their own lawyer, they can be assured that their respective legal rights are preserved.

An issue to some persons going through the divorce process who are considering CFL is the concern that they may be forced to capitulate or compromise on matters of importance or safety. In the first place, no party may be forced to agree to anything. That is why both parties retain separate counsel: to protect individual legal rights and assure a process that addresses their mutual concerns.

Secondly, either party can table contentious issues, even treatment issues. The objective here is not to capitulate, but to address all issues in a direct way, and to develop plans that genuinely mitigate concerns.

The Collaborative Family Law Process

The CFL process takes place with four-way meetings of the clients and lawyers, and can be expanded to include any other consultants involved. Jurisdictions all over the country have developed unique differences in approach while still adhering to the basic premise: that of reaching a settlement during the divorce process without the threat of litigation.

Depending on the issues the parties wish to resolve, the amount and duration of meetings can vary. Unlike traditional family law, in which meetings are conducted on a schedule as decided by the court, Collaborative Family Law meetings are controlled by the participants. Furthermore, because conflicts are not left to the discretion of a judge, the parties in the divorce process still retain full control of the settlements attained.

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