What is Collaborative Law?

Understanding Collaborative Law

In this day and age, there are many different approaches you can take when preparing for the end of your marriage. Not all divorces have to be hostile and not all cases require court intervention. Collaborative law is one of the process models that our attorneys at DBMA Law specialize in and offer to our clients looking for a more modern and amicable approach to their divorce or separation. 

In a collaborative case, clients meet with a highly trained professional team whose job is to achieve a settlement that works best, keeping both parties and children in mind. At a minimum, this team consists of the parties’ family law attorneys.  Additional team members can be added on and include a divorce coach, a child specialist, a financial specialist, or a neutral facilitator. In the collaborative model, the primary focus should be on meeting the goals of the parties related to their children and the overall well-being of the family. 

As we know, the separation of a family holds a tremendous amount of emotional burden as well as the time and costs associated with the divorce. The negotiations of the collaborative law team are based on finding equitable solutions, in hopes of minimizing the duration of the divorce and the distress on all parties involved. 

How is Collaborative Divorce different from “Regular Divorce”?

The collaborative divorce process isn’t all that different from a regular or traditional divorce. The main difference is that both parties are committed to the same goal: working out an agreement that takes into consideration the goals of the family without going to court. 

In this divorce process, you and your partner are able to play a more prominent role. Instead of your lawyers working decisions out as your proxy, you keep your voice and the team of professionals work together to support you. There is no judge involved in your case until all agreements are reached and their role is simply to sign the final agreed upon paperwork.  You set the tone, the timeline, and the pace.

Collaborative divorce is not the same as mediation. During mediation, there is a neutral third party who acts as the mediator between you and your partner to help you come to an agreement. You can but do not have to have an attorney in a mediation process. In a collaborative divorce process, you and your partner must have attorneys whose job it is to support you.  

While the collaborative process has proven successful for many couples, it is not a viable solution for everyone. In cases of abuse or relationships with extreme power imbalances, reaching a resolution beneficial to both parties may be impossible or even dangerous. Knowing whether you and your spouse can healthily work together and consider one another’s perspective is necessary for the collaborative process to be successful. 

How Does the Collaborative Process Work?

Collaborative law is exactly what it sounds like, two parties working together, or collaborating, to reach a full resolution. It is a nonadversarial and often economical way to dissolve a marriage. There are ground rules and agreements during the collaborative process to make it as fair and equitable as possible. In order to achieve the desired end result, there is a well-established process for collaborative divorces. 

First, partners must be respectful, honest, and transparent in their requests. This means that if there are any secret debts, finances, or property, they have to be disclosed. Each party is asked to listen to the other and to honor temporary agreements that are reached.

Secondly, each party must agree to reach a resolution without court intervention or the threat of court intervention. If this promise is broken, the collaborative attorneys must withdraw from representation because you are hiring your attorney on a limited scope basis to assist in settling your case outside of the litigation process. You and your partner may then begin the litigation process, only after securing litigation representation. 

Finally, communications and work products generated during the collaborative process are inadmissible in any future court proceedings unless otherwise agreed. This helps protect both spouses from legal repercussions arising from the disclosing of sensitive information during the negotiation process and can afford partners a greater degree of privacy than traditional divorces. 

Though every divorce is different, the hallmark of collaborative law is constructive negotiations. Understanding these basic principles of collaborative divorce can help you decide if the process is right for you. 

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Want to Learn More About Collaborative Law?

Collaborative Law is quickly gaining momentum as a healthy way to divorce or establish custody while preserving positive relationships. This can be especially helpful for spouses who need to co-parent and maintain a good relationship after their separation. 

If a collaborative divorce sounds like an option for you, contact the team at DBMA Family Law Group to learn more about the process. Divorce is never easy, but finding a law firm dedicated to your best interest and getting you the best results, is the first step in moving forward. 

Whether collaborative, litigation, or mediation, our team at DBMA Family Law is committed to providing you with personalized advice and representation designed to award you productive resolutions to your legal disputes. Call us today to learn more about what we can do for you!