Many middle and high-net-worth people are hesitant to divorce just because it could mean going into a courtroom again and again and fighting it out with a soon-to-be ex-spouse. The litigation process can cost tens of thousands of dollars. It is not unheard of for couples to jointly spend over $100,000 litigating aspects of their divorce, which could have been resolved with less time, money, and aggravation. By working with an experienced collaborative divorce attorney, many couples can avoid unnecessary conflict and pursue a more efficient resolution process. The collaborative divorce process offers an effective divorce method that side-steps the conflicts that can arise in litigated divorces.

As the name implies, both spouses agree to collaborate to overcome their divorce issues together, using their attorneys. During the process, it is agreed that no adversarial tactics will be used and that each party will act in a manner that serves to preserve their family units and not to engage in divisive behaviors that fray the very fabric of the family unit.

Are you worried that your divorce could become a shouting match if you use traditional divorce methods? Do you know that your marriage is over, but you think that you and your spouse can work together to resolve your issues with the aid of attorneys? Well, then, it is time to contact Dow Divorce Law. We can act as your legal guide and representative through the collaborative divorce Process so that you can divorce in a less stressful and costly manner. Now, that is fear turned into power!

Collaborative Divorce Process | New York and New Jersey

You consult with a collaborative divorce lawyer and discuss the facts and circumstances of your impending divorce. They will explain the process of collaborative law and help you determine whether the same might be successful for you and your spouse. This is a fact-sensitive process.
If collaboration cannot succeed due to either spouse refusing to collaborate on an aspect of divorce, each attorney signs a no-court agreement that bars them from representing their client in any future divorce litigation proceedings. This ensures that anything that occurred in the collaborative process is protected from being revealed to the court.
Subsequent meetings are scheduled if the collaborative divorce is not concluded but is expected to succeed. Eventually, the agreed-upon divorce will be brought to the court for final approval.
You, your attorney, your spouse, and your spouse’s attorney all meet to discuss the details of the collaborative divorce process to be sure that the process will fit the needs of you and your spouse. You will sign a “Participation Agreement” wherein you will pledge to engage in the collaborative process in good faith with the goal of not using litigation to resolve your pending divorce. Other experts may be present as well, such as a divorce coach or an accountant.
Your spouse will retain a divorce lawyer with additional training or certification in the practice of collaborative law.
You speak with your collaborative divorce attorney privately about what you would like to happen during your divorce. Considerations will include child support, child custody, equitable distribution, and so forth. This is the time to discuss your soft and hard limits, such as how much spousal maintenance you want and how much you need.
You retain a Collaborative Divorce Lawyer who will then contact your spouse in writing to advise of your desire to divorce in a collaborative manner.

Are Other Professionals Involved in Collaborative Divorces?

Yes. In many collaborative divorces, additional professionals become involved to help both spouses resolve disputes efficiently, privately, and without unnecessary conflict. The specific professionals involved will generally depend on the complexity of your finances, whether children are involved, and the overall dynamics between you and your spouse.

Some of the most common professionals involved in collaborative divorces include the following:

Accountants
Financial advisors
Divorce coaches
Mental health professionals
Child specialists
Business valuation experts
Tax professionals

These professionals each serve different purposes throughout the collaborative divorce process.

Financial Professionals

If you and your spouse have substantial assets, business interests, retirement accounts, investment portfolios, or tax-related concerns, financial professionals are often brought into the process. Their primary role is to help both parties understand the financial consequences of various settlement proposals before any final agreement is reached. Financial professionals may assist with:

Valuing businesses
Reviewing investment accounts
Determining tax consequences
Evaluating retirement assets
Preparing support calculations
Analyzing future financial needs

Divorce Coaches and Mental Health Professionals

Divorce is naturally emotional, even when both spouses are committed to resolving issues peacefully. Because of this, some couples choose to involve divorce coaches or mental health professionals throughout the collaborative process. These professionals may help:

Keep discussions productive
Reduce conflict during negotiations
Improve communication between spouses
Help parents navigate emotionally difficult issues
Prevent negotiations from breaking down

Child Specialists

If children are involved, child specialists may also participate in the collaborative divorce process. Their primary goal is to help protect the emotional well-being of the children while assisting parents in developing workable parenting arrangements. Child specialists may assist with the following:

Parenting plans
Custody discussions
Co-parenting communication
School-related concerns
Transition schedules
Child-focused recommendations

In many cases, these professionals help parents avoid placing children in the middle of divorce-related disputes.

Not Every Case Requires Additional Professionals

Of course, not every collaborative divorce requires outside experts. Some couples are able to resolve all issues solely through discussions with their attorneys. However, collaborative divorce is intentionally designed to be flexible. When additional professionals are needed, they are brought into the process with the goal of helping both spouses reach practical, long-term solutions without turning the divorce into an unnecessarily hostile legal battle.

Benefits of a Collaborative Divorce

When engaged in by trained professionals and dedicated spouses, a collaborative divorce will bring significant benefits that cannot be obtained through most litigated divorces. Because you are encouraged to work together, you and your spouse should be able to conclude your divorce sooner rather than later.

Ending a divorce process sooner will save you court costs – you usually go to court just once, if at all, depending upon your state, to finalize the divorce – and attorney fees if your attorney charges by the hour. Knowing that your divorce will be over sooner than a traditional litigated divorce, and that you are saving money, will also help you keep calm and a sound mind, reducing the stress you feel during your divorce process.