Collaboration
The collaborative law method is literally just that - a legal collaboration between both parties involved in the divorce proceedings. Each side employs his or her own attorney, and both parties work cooperatively with lawyers advising each side to create a settlement.
Collaborative divorces differ from mediated divorces in several important ways:
- Each party hires and receives support and guidance from his or her own attorney.
- Each attorney is responsible only to his or her client instead of the divorcing couple as a unit.
- Each person has confidential consultations with his or her own attorney.
Collaborative divorces are similar from mediated divorces in the following ways:
- Couples work together with a focus on a fair and just resolution.
- Couples and attorneys work together with the same experts (if experts are required).
- Couples agree to a mutual goal of cooperation and understanding instead of individual advocacy.
It's important to note that not all attorneys will work on a collaborative basis. Because collaborative attorneys will not represent you in the court if the collaborative process fails to settle all your issues, you and your spouse must agree to retain new attorneys for legal representation if court becomes necessary.
Collaborative divorces work well for people seeking friendly, cooperative, or mediated divorce and have more complicated matters (that call for private, advocacy-oriented legal counsel), such as:
- Children
- Long-term relationships with complex financial matters.
- Substantial business ownership.
- Substantial assets.
- Any other complex financial matters (foreign investments, inheritances, joint and separate asses, complicated tax matters).
As with any option, there are potential disadvantages with the collaborative method. While collaboration generally costs less than advocacy, it usually costs more than mediated divorces due to billing from two lawyers instead of one. If a couple goes through the collaborative divorce process and fails to successfully negotiate an agreement, the advocacy process may be selected. This adds further costs through the addition of advocacy legal expenses.
M. Tilden Moschetti is a member of the San Francisco Collaborative Divorce Group. Moschetti Family Law can help you through this difficult time. We are committed to helping individuals with the transition and ensuring they have the fair and equitable resolution. Call us at
Articles
Collaborative Family Law: Restoring Sanity to the Divorce Process
Divorce: Does It Have to Be Destructive?
Divorce the Collaborative Way
The Collaborative (R)evolution
Tips for Parents Engaged in the Collaborative Family Law Process
