COLLABORATIVE LAW DIVORCE

by Jennifer M. Caldwell

What is Collaborative Law?

Collaborative law is a new and truly revolutionary tool in the experienced family law attorney's tool box for assisting clients in obtaining a divorce, with a greater degree of dignity, privacy, and respect for the uniqueness of their family and situation.

Collaborative Law is an alternative to courtroom divorce litigation, permitting clients to resolve their issues in a private, non-threatening environment, with competent legal assistance. It provides a mechanism to obtain an effective and creative solution for the divorcing couple and empowers them to have control over the outcome. For many people, this process provides them better opportunities, more diverse options in creating divorce divisions, as well as focusing attention on the post-divorce parenting of children. It is my belief that this divorce model can produce the most long-lasting, healthy, and encompassing divorce settlements.

Why Makes Collaborative Law a Better Option?

I was trained by Chip Rose, one of America's leading advocates and educators for Collaborative Law. Since that training, I have applied my knowledge of law and of human relationships, to assist my clients and their children exit a divorce as emotionally and financially whole as possible. This is my goal and desire for every individual who I represent. By endeavoring to reduce the confusion, fear, and chaos of divorce, I believe that my clients are better equipped and enabled to proceed with the rest of their lives in a healthy and positive manner. And if children are involved, a happy parent makes a better parent.

How Does Collaborative Law Work?

The process of a Collaborative Law divorce begins when the parties and their respective attorneys agree and commit in a Collaborative Law Agreement to resolve their differences without the use of or the threat of use of the Court. The attorneys selected by the clients should be fully trained in Collaborative Law and have as much experience as possible in this arena. Many people question why this training is necessary. Collaborative Law requires a massive shift for the attorneys in their focus, requiring the attorneys to work collectively and productively towards a solution which works for the family involved. Attributes occasionally attached to many attorneys - egos, pride, the love of battle - should be set aside and the focus placed on the client's best interests.

Collaborative Law relies on creating and maintaining an atmosphere of communication, professionalism, integrity and trust geared toward the future well being of the family. The meetings take place at the respective attorney's offices, with both parties present, as well as any additional professionals included in the case. Many cases may include financial advisors, communications consultants, and parenting coordinators. These professionals provide clients with greater education of the process; an unbiased examination of the estate; assistance in creating better communication between the parties; and focusing the parents shared attention to their children.

The meetings are informal in nature but very professional. Collaborative Law requires each party and each attorney to take a reasoned position on all issues. If positions differ, all participants use their best efforts to create proposals that meet the fundamental needs of both parties and, if necessary, to compromise to reach a settlement of all issues.

Documentation and Full Disclosure - In a Collaborative Law divorce, the assets and liabilities of the estate are examined and evaluated with both sides being required to submit any and all documents necessary to obtain a full and collective valuation of the estate. This does not in any way reduce the authentication of the estate; rather, it allows the estate to be examined in a calm and thorough manner, avoiding the expensive and convoluted legal procedures to obtain the same information.

Is Collaborative Law Right for Me?

Collaborative Law divorces, while incredibly useful, are not for everyone and every case. The factors to consider include whether you or your spouse can or cannot commit to resolving your differences in a fair manner (i.e., someone is determined to lash out and attack the other spouse, causing more pain); a history of family violence has occurred in the family; or if a parent is engaging in dangerous conduct that could injure the well-being of a child.

However, Collaborative Law may be right for you if you believe that you or your children would benefit from a more dignified means of divorce; if post-divorce respect and communication would be helpful in your roles as co-parents; if privacy and creativity are important to you; and if maintaining control over the outcome is important to you, rather than having a judge or jury make these important determinations.

What Happens If We Cannot Agree?

The decision to proceed in a Collaborative Law manner must be jointly made. In the event it cannot be made, then the case will proceed in the "normal" litigation manner. If, however, after a Collaborative Law Agreement has been signed and the parties commence in this manner, the communication and efforts to resolve the case breakdown and settlement cannot be reached, the Agreement can be broken and the parties may return to litigation for their divorce - however, they will do so without their respective attorneys as both attorneys are REQUIRED to withdraw their representation of their clients if this occurs. Obviously, this creates a deeply vested interest in the process continuing and all efforts should be made to continue to seek fair resolution.

Conclusion

In conclusion, I suggest that all participants to a pending divorce strongly consider whether a Collaborative Law divorce is right for them. For the families able to go through this terribly difficult time in this more dignified approach, it is my professional and personal opinion that they gain much more than they would in the alternative litigation approach. And as a lawyer and a parent, I believe that the unique interests of your children are weighed and considered with greater depth and understanding in this approach, hopefully creating a better future for them.

For more information regarding Collaborative Law divorces please visit the following websites: Northeast Tarrant County Collaborative Law Group - http://www.necollab.com/ or Collaborative Law Institute of Texas - http://www.collablawtexas.com/