Collaborative Divorce Law of the Palm Beaches is dedicated to educating the professional and general public about the process and principles of Collaborative Divorce Law.
Family law and anxiety have been a team for decades. When faced with divorce or ongoing post-judgment disputes, many people experience as much anxiety from the adversarial nature of the traditional litigation process as from the uncertainty of how to solve the presenting problem.
Asking and allowing complete strangers to make decisions about the most important aspects of our lives, our children, our financial futures, and our property should not be the first choice in resolving family disputes. The Collaborative Divorce Law process provides an opportunity for families to directly participate in a thoughtful, deliberate and focused process to reach a negotiated agreement that meets the legitimate goals of both parties.
In the Collaborative Divorce Law process, the parties agree ahead of time that they will not use the courts to force the hand of the other party. They agree to use joint experts as necessary: neutral
In collaborative divorce process, the largest value is intangible. Because collaborative divorce process
resolutions are deeper, the result for the divorcing couple is enhanced parenting abilities, communication and financial skills.The value of these enhancements are difficult to quantify and may not even be apparent to the divorcing spouses.
So try this - on a scale of 1 to 10, with 1 being the worst, all out, constant war between the spouses and 10 being a friendly, respectful relationship, rate where you are now in the areas of communication skills, financial skills and parenting skills. What would a 10 look like in your family? Do you believe that it is possible to move up the scale from where you are now? What is the value to your family when you move up the scale toward a friendly, respectful relationship?
Even if a perfect 10 is not possible, there is value in improving your skills. Even if they are difficult to quantify, the collaborative divorce process has value added benefits for divorcing spouses and their children.
The collaborative divorce process is said to be more effective because the parties are better able to focus on pertinent issues because stress and anxiety are effectively reduced using the collaborative process. It
was the second reason we gave for using the collaborative process.
There is no question that divorce is stressful and that anxiety abounds during the process. Because the collaborative divorce process focuses on the future, anxiety over the unknown is lessened. By using the collaborative model, you and your spouse each identify your future needs and work toward a solution that meets as many needs as possible for you both.
Anxiety can lead to a break down in divorce negotiations. In an excellent post on the Harvard Business Publishing
Can less be more when you use the collaborative divorce process? Awhile back we gave you 8 reasons to use the
collaborative divorce process. Let's explore the first reason: that the Collaborative Divorce Law process is designed to be less time consuming, less expensive and less confrontational than traditional adversarial divorce.
Less time consuming. Florida courts say that a contested divorce should take no more than one year. In many areas of the state, however, it can take even longer than that. A collaborative divorce case definitely spends less time in the court system. No pleadings are filed until agreement is reached in all areas, so the only hearing is an uncontested final hearing. That can usually be scheduled within 30 -45 days from when the petition is filed.
Less expensive. The general rule is that time equals money - the longer a case is in the court system, the more expensive it is. You won't spend money for attorney fees for haggling in court with the collaborative process, but you will pay professional fees to the members of the collaborative team. Lawyers focus on the legal work while therapists/coaches focus on assisting you develop skills and plans for
Collaborative law principles are explained in this declaration:
I. The Collaborative Law Process Collaborative Law is a cooperative, confidential, voluntary conflict resolution process for spouses going through a separation, dissolution or other family law matter.
The participants, which include the spouses and their attorneys, acknowledge the essence of “Collaborative Law” is the shared belief that it is in the best interest of the spouses and their family to commit themselves to avoiding adversarial proceedings, especially litigation. Instead, the parties work together to create shared solutions to the issues present in their family.
The goal of Collaborative Law is to minimize, if not eliminate, the negative economic, social and emotional consequences of litigation to families. Choosing Collaborative Law requires a commitment to resolving differences in an atmosphere of mutual respect and equality.
II. No Court or Other Intervention Collaborative Law requires a commitment to settling the issues involved without court intervention. Participants must agree to give full, honest and open disclosure of all information, whether requested or not. Participants must agree to engage in informal settlement meetings and conferences to settle all issues.
III. Resolution There is no guarantee that the process will be successful in resolving a dispute. The Collaborative process cannot eliminate concerns about disharmony, distrust and irreconcilable differences which have led to the current breakdown of the marriage. Although participants are committed to reaching a shared solution, each person is still expected to identify and assert his or her respective interests and the parties’ respective attorneys will assist each of them to do so.
IV. Participation With Respect & Integrity Participants must commit to protecting the privacy, respect and dignity of all involved, including the children, the other party, the attorneys and consultants.
Each participant must commit to maintaining a high standard of personal integrity; specifically, participants shall not take advantage of the other participants, or of miscalculations or inadvertent mistakes of others, but shall work to identify and correct them. All participants agree to treat the other participants with respect during the Collaborative process. V. Experts & Consultants Sometimes the input of outside experts such as accountants, appraisers, mediators and therapists may be needed to assist the participants in reaching creative and informed solutions. If any such experts are needed, they will be retained jointly. All such experts and other consultants retained in the Collaborative process shall be directed to work in a cooperative effort to resolve issues.
In the event the Collaborative process terminates, all consultants will be disqualified as witnesses and their work product will be inadmissible as evidence. However, new consultants retained for litigation will be permitted to review the work product and reports or prior Collaborative process consultants to facilitate transition for the participants. VI. Negotiation in Good Faith The Collaborative process, even with full and honest disclosure, will involve vigorous good faith negotiation. Each participant will be expected to take a reasoned position in all disputes. Where such positions differ, each participant will use his or her best efforts to create proposals that meet the fundamental needs of both participants, and if necessary, to compromise to reach a settlement. Although participants may discuss the likely outcome of a litigated result, none will use threats of abandoning the Collaborative process or threats of litigation as a way to force settlement. VII. Attorneys’ Role The attorneys’ role is to provide an organized framework that will make it easier for the spouses to reach an agreement on each issue. The attorneys will help make observations, suggest options, help them express needs and goals, check the workability of proposed solutions and prepare and file all written paperwork for the court. The attorneys and parties work together to reach solutions that serve the needs of both parties. VIII. Abuse of the Collaborative Process The Collaborative attorney will withdraw from a case as soon as possible upon learning that his or her client has withheld or misrepresented information or otherwise acted to undermine or take take unfair advantage of the Collaborative process. Examples of such violations of the process include: secret disposition of marital, quasi-marital or separate assets; failing to disclose the existence or true nature of assets or obligations; failure to participate in the the spirit of the Collaborative process, abusing the children or planning to flee the jurisdiction of the court, with or without the children. IX. Disqualification By Court Intervention An attorney’s representation in the Collaborative process is limited to that process. No attorney representing a party in the Collaborative process can ever represent that party in a court proceeding against the other spouse. In the event a court filing is unavoidable, both attorneys are disqualified from representing either client and will assist the respective client in the transition to litigation counsel. X. Children’s Issues In resolving issues about sharing the enjoyment and responsibility of children, parents, attorneys and child specialists shall make every effort to reach amicable solutions that promote the children's best interests.
Parents will act quickly to resolve differences related to the children and to promote a caring, loving and involved relationship between the children and both parents.
Every effort will be made to insulate the children from involvement in the parents’ disputes. The parents will not discuss the disputed issues with the children or within earshot of the children. Both parents will attend the parent education course at the earliest opportunity.
It REALLY is different with Collaborative divorce.
Collaborative Divorce practice does not allow the game playing and ego driven activities of client and lawyer so often seen in the traditional divorce. So often in traditional divorce practice I see a client's desire to punish the other spouse by gameplaying with support and/or time sharing. These desires are often cloaked by some self-serving justification. Some lawyers will run with that motivation so as not to lose the client or to appear "tough" to the client. Hostilities between the parties and their lawyers escalate to the point that the clients are not speaking to each other and the lawyers will not resolve anything with each other informally such that the most mundane problems can only be resolved by a hearing before the judge. Every time a lawyer attends a hearing there is more than likely one hour or more of time charged. The result almost always is the generation of more attorneys fees and costs than necessary. Lawyers desiring to justify their existence and "protect" their client's position must call up matters for hearings, file motions, write nasty letters, and take other actions all of which are not necessary to the final desired result - the divorce. None of the above-described actions occur in Collaborative Divorce practice. The parties and their attorneys sign an agreement which prevents such actions. Without gamesmanship by the lawyers or the clients, both are freed to pursue the fair and just termination of the marriage. The other constraint against such escalation of hostilities is the involvement of a mental health therapist in the Collaborative Divorce practice. An impartial counselor who is involved in the meetings with the clients and lawyers is able to quickly de-fuse hostilities and help the clients take the focus off ego-centered activities and place the focus on the desired result - the divorce and re-structuring of the family.
For any questions about Collaborative Divorce Practice call or email either Joe Considine or Pam Wynn.
One frequent question is, "How much will the collaborative divorce cost?" Each case is unique, but typically, the collaborative approach will cost one-third to one-half as much as if the same case had gone to court. This is because there are no motions to prepare, no court hearings to attend or travel to, and because information is provided voluntarily instead of being subpoenaed through the expensive legal process called discovery.
Lawyers and other team members all bill separately for their services, and are brought in only as needed. One reason for high attorney bills is using the attorney as a therapist. A lawyers' hourly rate is higher than a therapist’s rate. The lawyer is not trained in mental health issues so if you are spending time talking about emotional issues, you are not using your money wisely. The collaborative team uses each member's strength, training and background to provide the most cost-effective resolution for your divorce case.
Choosing a cooperative divorce means that you value an approach that focuses on the needs of the entire family. If you answer "Yes" to most of the questions below, a cooperative process is right for you.
Are you more interested in moving on with your life than in perpetuating a marital battle in court?
Do
you want to be in control of your future, including custody and
financial support issues, rather than relying on a court's decision?
Do you want your divorce to be between you and your spouse and not aired in public?
Do you want to end the emotional battle--the anger, upset and fighting?
Do you want to be treated with respect and dignity during your divorce process?
If you have children:
Do you and your partner feel your children are your primary responsibility when making financial plans?
Do you want to preserve your children's emotional health during and after the divorce?
Do you want your children to be able to invite both their parents to all the special events in their life?
If you answered yes to any of the above questions, you should lok into Collaborative Divorce law.
Divorce
is a confusing, chaotic and uncertain time. When will you recover from your hurt, anger and fear? What will
happen with your home? Will you ever have financial
security? Are you overwhelmed by
your
finances and worried about how divorce will affect your financial future?How are you going to get through your divorce
when
there is so much stress, confusion and pain?
How are your children
going to manage? Are you concerned about your children
and their future? Children of divorce are vulnerable. How will you pay for
your children’s education or fund your retirement? The choices you make now will impact
your and your family's future for many years. You want the best for your children.
Collaborative
Divorce can help you solve the legal, emotional, financial and
parenting issues.You will have a full Team of Collaborative
Professionals working with you and your spouse to provide you with
expertise in
each of these areas.
You and your spouse will select all of the
professional members of your Team at the beginning of your case. You will each choose a Collaborative Lawyer and together you will select a Communication Specialist and
a
neutral Financial Specialist, if your financial situation warrants it.
The Collaborative Professionals on your Team
will counsel, guide, support and educate you as you make decisions
about your
future. You will do all of this without going to
court. You will sign a Collaborative Commitment
Agreement, sometimes called a Participation Agreement, to start your
Collaborative Divorce. This Agreement will outline the essential
principals of Collaboration. If either of you violates the agreement and goes to court, all the Collaborative Team members must withdraw from the case. This rarely happens. Maybe because the team approach is so helpful to divorcing families, the vast majority of collaborative divorce practice cases reach successful settlement.
Collaborative
Divorce Law is designed to be less time consuming, less expensive and less
confrontational than traditional adversarial divorce.
Clients are better able
to focus on pertinent issues because stress and anxiety are effectively
reduced.
Money saved in the collaboration can be used to jointly engage the
services of other professionals, such as financial planners, tax professionals and/or accountants.
The collaborative process is more private
than a contested divorce that generates court filings, transcripts and hearings in
open court. If the children decide to look at the court file in the future, all
they will see is the agreement attached to a simple divorce petition.
Collaborative
Divorce Law resolutions are reached through a process in which clients have
more control.
Settlements are designed to meet each party's needs.
Agreements are more sustainable over longer periods of time because they are
designed, from the start, to “play it forward..” and think about future needs.
The
non-combative atmosphere of Collaborative Divorce Law:
diminishes
hostilities
allows
the divorcing spouses to preserve and enhance the remains of their relationship
teaches
the divorcing spouses to work cooperatively during and after the
divorce to manage finances and co-parent children.
