Collaborative Divorce

When a couple decides to separate and chooses a Collaborative Divorce it allows them to voluntarily dissolve a marriage through a process that emphasizes cooperation, dignity, open discussion, and privacy. The Collaborative Process starts with the couple choosing not to rely on the courts to decide the outcome and instead work with the help of Collaborative Professionals to achieve a mutually agreeable settlement that takes into account each spouse’s needs.

How does the Collaborative Process work? It begins with both clients and the team of professionals committing to a non-litigated negotiation. Each spouse has his or her own collaborative law attorney who works with them to explain issues and help achieve goals by mutual participation and agreement. Litigation can never be threatened. Collaborative coaches, child specialist and financial specialists are part of the settlement team to help both spouses resolve child-related decisions and complex financial issues related to taxes, budgeting, and property settlements.

An Audio Overview of the Collaborative Process

Is Collaborative Divorce Right for Us?

Audio Self-Assessment:

If you and your partner answer “yes” to these two questions, a collaborative path might be right for you:

  • Are you and your spouse determined to act in a respectful, open, and honest manner in working out the terms of the divorce?
  • Do you and your spouse value a negotiated solution that meets your needs now and in the future?

Additional information is below. To learn how collaborative can apply to your specific needs please contact a Collaborative Professional.

The Collaborative Process helps parents guard their children, dependents, and even elder family members from the potential collateral damage of a divorce or family dispute. The emotional nature of any dispute can present a risk factor for children & other family members.

With the support & guidance of the Collaborative Professionals, parents have an opportunity to form their future parenting relationship by crafting a parenting plan & prioritizing the interests and needs of children and other family members. The Collaborative Process gives the family more control of the separating process & outcomes that can reduce the stress and uncertainty of a contested divorce or family dispute. Plus, details remain private and out of public records and media. Even when filings are required by law, efforts are made to ensure minimal public record filings and your privacy is preserved as much as possible.

Whether married, co-existing, or same sex, the collaborative process provides a dignified and peaceful solutions to separation. Through respectful, transparent negotiations supported by legal, mental health, and financial professionals, couples can establish a responsible division of property, living situations for both, and parenting/elder plans when applicable.

Settle a paternity dispute outside court where consideration for the child(ren) can be fully considered outside an argumentative, court based environment.

Marriage is a  major emotional and financial commitment. The collaborative approach can help couples reduce the stress and distress that may be associated with a pre / post-nupital agreement negotiation.

The collaborative process and team can continue beyond the signing of any agreements to help address any post judgment modification issues under the same principles of mutual respect, transparency, privacy, and full disclosure.

The Collaborative Process offers many benefits when compared to Litigation

Your divorce will likely be resolved in a healthier way and in the best interest of your children and family. You also have a better chance for improved communication between you and your spouse as you focus on creative problem solving rather than blame or revenge. Finally, you’ll potentially spend less time and money by staying out of court.

Collaborative Divorce

A Supportive, Team Approach

By using a team approach, couples work with their respective attorneys, neutral financial professionals, and coach / child specialist to ensure private, respectful, and mutually agreeable negotiations & outcomes.

About the Financial Neutral

The Role of the Mental Health Professionals

A Mutual, Controllable Process

Spouses control the divorce or paternity process. You negotiate and make final decisions with each other and with the help of the professionals. You set the timetable.

Matters are Private

Details from discussions & negotiations are kept private.

Constructive Outcomes

It considers life after divorce for both spouses. Helps preserve relationships and protect children. Terms are agreeable and thoughtful.

compared to

Litigated – Traditional Divorce

A Combative, Courtroom Battle

Conversely, litigated divorces and paternity actions are public, highly adversarial, court-based battles between the couple and their attorneys with a winner and a loser.

An Argumentative, Court Controlled Process

In a litigated divorce the court sets the timetable and makes final decisions based on each party’s arguments.

Matters are Public Record

Divorce details are made publicly accessible to anyone and the media.

Outcomes can be Destructive

Relationships are destroyed. Emotional and financial impact can result in long-term damage to one or both spouses and children.

About Collaborative Law / Collaborative Divorce

Collaborative Family Law was created by Minnesota Family Law Attorney, Stu Webb, in 1990. Stu had grown tired of the bitter nature of the divorce process and the negative effect it had on families. Today, it is the professional’s goal to help you come to settlement without litigation.

Begin by Talking to a Collaborative Professional

You are considering or have decided to get a divorce. You may be thinking about how you will proceed. The Collaborative Process may be right for you. If so, here are a few next steps you might take.

Contact a Collaborative Professional

Schedule an initial interview. Discuss your needs. Get clarity.

Share the Collaborative Process with your Spouse

The Collaborative Professional can help you prepare for this step.
Talk to a Collaborative Professional