ATTORNEY ANSWERS QUESTIONS ABOUT COLLABORATIVE LAW

Collaborative family law is a problem-solving process in which the divorcing parties and their attorneys seek a mutually acceptable settlement to end a marriage without the stress, delay, and expense of traditional litigation.

Collaborative family law works best when the parties are committed to three principles:

• To negotiate a mutually acceptable settlement without having a court decide the issues
• To maintain open communication and information sharing
• To create shared solutions that acknowledge the parties’ highest priorities

The collaborative process is for couples seeking a dignified end to their marriage. Ultimately, you are the best judge of your and your spouse’s ability to collaborate. Collaborative law may be right for you and your spouse if you can adhere to the following principles:

• You desire a respectful, dignified process for ending your marriage.
• You wish to maintain control over decisions affecting your lives during and after your divorce.
• You understand the importance of maintaining a relationship with your spouse after the divorce if children are involved.
• You want to protect your children from the potential harm of divorce litigation.
• You can be fair and honest with your spouse.

Yes. Both parties must fill out a financial disclosure form and provide documents confirming the information provided. If a collaborative lawyer learns a client has withheld or lied about information that should have been disclosed, the participation agreement requires the lawyer to withdraw from the case unless the client corrects the information.

In a collaborative law process, each attorney has a duty to represent his or her client’s interests. The collaborative law process does not make your attorney any less dedicated to your welfare.

The spouses and attorneys are bound by a written pledge not to go to court over any contested issue. If an agreement can’t be reached, collaborative law attorneys may suggest bringing in mediators or other professionals to facilitate a settlement. If the additional help doesn’t produce an agreement, both parties’ attorneys are obligated to withdraw from the case. Both parties would have to find new lawyers and start the traditional divorce process from the beginning.

In a traditional divorce, one party sues the other in court, which is often the beginning of a long and arduous process. Interestingly, however, most divorces end up settling rather than going to trial. In collaborative law, the parties skip the traditional, contentious court process and agree to negotiate in good faith to reach a settlement without going to court.