What is Collaborative Divorce?

Collaborative Divorce

Collaborative Divorce was created in 1990 by a lawyer named Stuart Webb. Meanwhile, a West Coast group developed divorce teams with financial specialists, facilitators and child specialists working alongside attorneys. These streams merged to form what is called today, ‘Collaborative Practice’.

Staying Out of Court

Collaborative Divorce stays out of court. Two clients, with the help of professionals, make all the decisions about their divorce themselves. A judge does not determine what should happen; clients do.

Legal Information

Each client’s lawyer can provide personalized legal advice. Reference is made to how the court handles such issues, though clients can do as they decide, so long as they both agree.

Teamwork

A team of professionals helps clients work toward a reasonable compromise. A team always has two attorneys—one for each client—and usually one or two neutral specialists: a facilitator, financial specialist and/or child specialist. A facilitator with the requisite mental health background or experience may double as a child specialist.

Broad Goals

Client’s do well to state their broad goals and key interests, such as children’s health and wellbeing, security, continuity, adequate retirement, freedom, adventure, debt relief, getting through graduate school, etc.

Interest-based

Consider two people who want an orange. One person needs the rind for baking and the other needs the pulp for juicing. Splitting the orange this way, each can get what they need without depriving the other.

Flexible not Fixed

In litigation, clients can become positional with stubborn expectations: “This is how things must go.” Under stress, they may further tighten like a vice grip.

Collaborative Divorce aims to focus on broad goals and interests rather than fixed positions, and to be open, flexible and creative.

Advocacy and Neutrality

Attorneys advocate only for their client and neutrals work with both clients, helping them advocate for themselves.

Neutrals

Because neutrals can ‘see both sides’, they often have a key role in balancing, stabilizing and guiding the process.

Children

If there are children, Collaborative Divorce aims for a positive, friendly, cooperative co-parenting arrangement.