FAQs About Collaborative Divorce
What is collaborative divorce?
In collaborative divorce cases, a couple intending to divorce will chooses to take a different route than the traditional litigation process. The process does not start with the filing of a case, rather, the agreement of the parties to work together in a respectful process that is focused on transparency and information sharing.
A collaborative divorce, when successful, is designed to help the divorcing couple reach a settlement that is deemed equitable to both parties, as well as any children that are involved.
Who is involved in the collaborative divorce process?
You can describe a collaborative divorce as a team-based approach, as it can include, in addition to family law attorneys trained in collaborative law representing each individual, specialists such as financial advisors, divorce coaches, and child experts, each of whom work together in an effort to support the best interests of the children, overall family welfare, and support to the parents in creating a healthy co-parenting environment during and after negotiations. The team is constructed as agreed upon by the parties based on the issues that arise. Not all cases require a full team.
What is the goal of collaborative divorce?
Its goal is to be collaborative, efficient, and equitable, focusing on resolutions that maintain the most positive possible relationship going forward.
What happens in the collaborative divorce process?
Collaborative divorces involve a series of meetings.
These meetings are attended by the collaborative divorce team and the divorcing couple. Early meetings are where core issues are discussed, arrangements regarding interim child and parenting needs are agreed upon, and a plan is made for gathering of information that is vital to negotiations, like financial documents, and other crucial insights.
Later, this information is shared between parties, new questions that arise are discussed, and the team begins to discuss resolution options.
What commitments need to be made in a collaborative divorce?
A collaborative divorce is very different in approach than a divorce that takes place via traditional litigation. In order for success to be achieved in this format, each party must commit to reach a resolution without threatening the other with court intervention or litigation.
This is a good-faith process, and all participants must promise to be open to the other’s ideas, flexible in their mindset, respectul in their communication, and willing to divulge information — written, oral, digital, or otherwise — in an effort to seek a resolution.
If either participant chooses to seek court intervention, then both attorneys are required to step down in representing their clients, and it is agreed that any and all documents, communications, and information pertaining to the collaborative divorce proceeding are deemed inadmissible.
Does collaborative law require special training?
In fact, it does. Not just any lawyer can represent a client in a collaborative divorce dispute. Do your homework, and be sure that the representation you are considering has been properly trained in the collaborative law process.
DBMA has a commitment to the spirit and practice of collaborative law; one of our partners serves on the board for the Oregon Association for Collaborative Professionals and two of our partners are members of a local collaborative divorce practice group.
Are all couples good candidates for collaborative divorce?
At DBMA, we’re big proponents of collaborative divorce, but despite all the good things that can come from this approach, it’s not necessarily the right option for every divorcing couple.
Not sure if you’re the right candidate for collaborative divorce? Consider this:
Are you and your spouse committed to making this transition as easy as possible, despite the inherent stress divorce can cause?
Are you and your spouse emotionally mature enough to work with a collaborative divorce team in facing sensitive issues head-on in a constructive environment vs. abdicating these responsibilities to an attorney?
Are you and your spouse willing to set aside your differences for the sake of your children’s best interests when it comes to seeking resolutions that will be equitable and are committed to the healthiest possible relationships for the foreseeable future?
If your answer is yes to these questions, then collaborative divorce may be a viable option for you. It requires a different level of maturity and commitment than traditional litigation, but those who can navigate it effectively appreciate and benefit from the process overall.
What couples are not a good fit for collaborative divorce?
As we said, not all couples are the right fit for this style of divorce. Sometimes, traditional litigation is the most appropriate means of divorce.
If you’re not sure if you and your spouse are the right fit for this approach, don’t hesitate to seek recommendations from an attorney trained in collaborative law.
Those couples who are unable or unwilling to be in the same room with one another, are unable to have constructive conversations, abdicate the discussion of difficult issues to their attorney, or have a history of domestic violence are very likely not strong candidates for collaborative divorce and should seek traditional litigation for their case.
Where do I learn more about collaborative divorce?
Contact DBMA! Our team of Family Law specialists are dedicated to helping people in the greater Portland area come to productive resolutions to their disputes in the most efficient, and equitable manner possible.
Providing you an unparalleled level of client service to achieve the results lies at the heart of our work, and we’re committed to helping you achieve peace of mind and clarity in resolving your family law matter. Contact DBMA Family Law today for your confidential consultation.