Collaborative Divorce
How would you like your children to tell the story of your divorce?
What is Collaborative Divorce?
Collaborative Divorce is an option for couples hoping to divorce in a way that is respectful and that reduces the conflict and stress on the family. In Collaborative Divorce, both spouses have their own attorneys, but both attorneys are trained in alternative dispute resolution and interest-based negotiation. The spouses and attorneys work together as a cohesive team to resolve the divorce. A Collaborative Divorce team usually includes at least four professionals:
Collaborative attorney for one spouse
Collaborative attorney for the second spouse
A financial neutral (who works for both spouses)
A divorce coach (who works for both spouses)
What is the Collaborative Divorce meeting process?
The backbone of Collaborative Divorce is a series of two-hour team meetings. A “team meeting” is a meeting that includes the two spouses, the two attorneys, and usually one or more other professionals. The purpose of each team meeting is facilitate discussion about (and eventually reach agreement on) topics central to the divorce. These topics include the property division, spousal support, child support, and the parenting plan. Between team meetings, each spouse will meet with their attorney. The spouses will also have at least one meeting with the financial neutral and one or more meetings with the divorce coach. While a typical Collaborative Divorce make take five team meetings for the spouses to reach their final agreements, the number of team meetings ultimately depends on the complexity of the spouses’ situation and the willingness and ability of both spouses to reach agreement. Some Collaborative Divorces may resolve in as few as two team meetings while others may take seven or more meetings to reach final agreements.
What is the participation agreement?
The participation agreement is the hallmark of Collaborative Divorce. At the beginning of the divorce process, both spouses and attorneys sign the participation agreement, which is a written document declaring that both spouses agree to be respectful, transparent, and to negotiate in good faith. Both spouses agree to engage in open and honest communication and to fully disclose all information. Most importantly, both spouses agree to resolve the divorce without going to court.
What is a financial neutral?
Neutral third-party professionals are often brought into Collaborative Divorces proceedings to provide objective and unbiased advice and expertise. A mental health professional, in the role of the divorce coach, may help to facilitate the meetings, manage emotions, and help draft the parenting plan. In addition, the spouses may opt to bring in a financial professional. A neutral financial professional (a “financial neutral”) can provide objective and unbiased financial analyses that both spouses can rely on to make decisions. Serene Divorce Planning provides neutral financial services in Collaborative Divorce proceedings.
What does a financial neutral do in a Collaborative Divorce?
We help our clients gather and organize their financial information into a list of assets and liabilities and post-divorce monthly budgets. With this information, we help clients develop and analyze different asset division scenarios (“What if I get the house and buy out your share of the equity? Or, what if we sell the house?”) and understand how a payment from one party to the other will impact the ability of both parties to pay their bills each month. When one or both spouses lack experience in personal finance, we provide financial education to help take the fear out the financial issues. For our clients approaching retirement age, retirement readiness is a major consideration. We help our clients understand how a proposed asset division may impact their ability to retire. In addition, we help our clients understand how Social Security works as a divorced person.
Where can I learn more about Collaborative Divorce?
We welcome you to check out Collaborative Divorce Washington to learn more about Collaborative Divorce in Washington.
