Peaceful Divorce

Why Should I Choose the Collaborative Process for My Divorce?

The simple answer to the question of why you should choose the collaborative process for your divorce is that it preserves the family relationship. Clients that have engaged in the collaborative process have said the following regarding their experience with collaborative divorce: 

  • “The collaborative process gave me the opportunity to control my own destiny.”
  • “My children were not forgotten in the divorce; this process ensured they had a voice.”
  • “The partnership between the legal, financial, and mental health professionals worked wonderfully for our entire family.” 

There are several other quality reasons why you should choose the collaborative process for your divorce

  • It can have a lower cost, when compared to litigation;
  • In encourages client involvement;
  • There’s a supportive approach with less stress;
  • Client’s often feel that they’re in a win/win climate;
  • There is an opportunity for creativity; and
  • The clients are in charge of the process. 

The collaborative process works as part of an interdisciplinary network of professionals. Before the process begins, the couple and their lawyers formally contract to work together to resolve the issues of the case. The lawyers contract not to take the case to court by signing a Participation Agreement as well as a Statement of Understanding, signed by all team members. In traditional litigation, the divorce process begins with the filing of a lawsuit. 

After both parties have retained their collaborative attorneys and the documents are signed, the attorneys can contact one another to immediately begin to address the needs of their clients. The lawyers will schedule an initial four-way meeting, including the couple and their lawyers, with an agenda that outlines the items to be discussed having been sent to both parties prior to the meeting. During this meeting, the parties can identify other professionals with whom they’ll be working, which could include coaches, child specialists, and a single financial neutral. 

At that first meeting, Participation Agreements are signed, and, depending on the needs identified in the meeting, couples can begin to work with those other professionals before seeing their attorneys again, but always keeping the attorneys in the loop.This way, costs are minimized as the professionals with the appropriate expertise deal with their particular areas

For example, coaches may help the parties address their communication issues in order for them to create a parenting plan. The child specialist will speak with the children, offering feedback to the coaches and the couple to ensure that the children’s developmental needs are considered. The financial neutral will gather information from the parties and work with the clients and attorneys to craft a financial plan that’s based on realistic financial pictures. 

These meetings promote and improve communication and cooperation. Parties always retain control over their own outcome. This commitment to cooperation, even if communication becomes difficult, increases the likelihood of reaching a solution that builds the foundation to the future of the family, even as the parents begin to live separate lives. Once all the issues are resolved, the attorneys can draft a Settlement Agreement, and when it is signed and filed in court, the parties have reached their agreement through the collaborative process. 

I am a financial neutral. If you have any questions on how I may be able to help, contact me.


Robert D. Bordett CFP, CDFA
Collaborative Practice and Mediation Services
bob@u2agree.com
888 U2AGREE (888.822.4733)

Views: 27

Comment

You need to be a member of Peaceful Divorce to add comments!

Join Peaceful Divorce

Become an affiliate of the Happily Divorced! book and audio program! Let Reformed "Killer" Divorce Attorney, Cynthia Tiano, and Dr. Max Vogt, Marriage and Family Psychologist, take you on an adventure into the lives of two families going through the divorce legal system - one doing "legal battle" and the other creating a "peaceful divorce". Learn how to create a Win-Win from their experiences... HappilyDivorced.org


Events

Latest Activity

Robert D. Bordett, CFP, CDFA posted a blog post

21st Century Parenting Plans

I remember when the default custody arrangement had one parent as the custodial parent, and the other parent was known as the “Disneyland parent.” They had their children every other weekend, and maybe once during the week for dinner. Today it is more common to see joint parenting time consist of one week on, and one week off or “two-two-five-five” time,…See More
Aug 15
Robert D. Bordett, CFP, CDFA posted a blog post

Including a Financial Professional in Your Mediation

Very often, couples who are divorcing amicably, or who have straightforward financial situations, will forgo meeting with a financial professional while they go through mediation. Though this may seem logical on its face, “going it alone” may result in unnecessary hardship and inaccurate calculations.  It is easy to simply look at a tax table today and say “I am going…See More
Jul 30
Robert D. Bordett, CFP, CDFA posted a blog post

What About the House?

Going through divorce means dealing with hundreds of details, some more important than others. One detail that merits extra contemplation is how to deal with the marital home.Does one spouse want to keep it because the children still live there? You don't want to disrupt their lives any more than is already happening. What if the children are grown? Do you still need that much of a house?Here are the three most common means of dealing with the house in divorce:Selling the house and dividing the…See More
Apr 24

Badge

Loading…

About

© 2019   Created by Cynthia Tiano, Esq..   Powered by

Badges  |  Report an Issue  |  Terms of Service