Collaborative Divorce Guide

Collaborative divorce is a voluntary process where both spouses hire specially-trained collaborative attorneys and commit to resolving all issues outside of court. If the process fails, both attorneys must withdraw and you start over with new litigation attorneys. ## How Collaborative Divorce Works **The Team Approach:** - Each spouse has own collaborative attorney - Both parties sign participation agreement - Commit not to go to court - Team may include financial specialists, child specialists - Four-way meetings with both spouses and both attorneys - Transparent exchange of all information **Key Principles:** - Interest-based negotiation (not positional) - Respectful communication - Full disclosure - Creative problem-solving - Focus on future, not past - Child-centered decisions ## The Collaborative Team **Core Team (Required):** - Spouse 1 and Collaborative Attorney 1 - Spouse 2 and Collaborative Attorney 2 **Optional Specialists:** - Divorce coach/facilitator (helps manage emotions) - Child specialist (represents children's interests) - Financial specialist (neutral expert for complex assets) - Appraisers, business valuators (as needed) **Disqualification Agreement:** Critical aspect: If collaborative process fails and either party goes to court, BOTH collaborative attorneys must withdraw. This creates powerful incentive to settle.

Initial Phase **Step 1: Hire Collaborative Attorneys** - Interview attorneys trained in collaborative law - Ensure both attorneys experienced in collaborative process - Each spouse hires own attorney **Step 2: Sign Participation Agreement** - Both spouses and both attorneys sign - Commits to collaborative process - Agrees to full disclosure - Acknowledges disqualification if litigation occurs **Step 3: Identify Issues and Goals** - Each party identifies priorities - Discuss concerns and needs - Set ground rules for meetings - Establish meeting schedule ## Middle Phase **Step 4: Information Gathering** - Full financial disclosure - Exchange of documents - Neutral valuations if needed - Child specialist input if applicable **Step 5: Four-Way Meetings** - Regular meetings with both spouses and attorneys - Discuss options for each issue - Explore creative solutions - Negotiate terms - Typically 4-10 meetings of 2-3 hours each **Step 6: Involve Specialists** - Financial specialist for complex assets - Child specialist for custody issues - Divorce coach for communication help - Business valuator if needed ## Final Phase **Step 7: Draft Settlement Agreement** - Attorneys prepare comprehensive agreement - Includes all negotiated terms - Both parties review and revise - Finalize all details **Step 8: File for Divorce** - File petition with agreed settlement - Submit to court for approval - Usually no hearing required - Court issues final decree

Attorney Fees **Each Spouse's Attorney:** - Hourly rate: $250-500/hour - Average total per attorney: $7,000-15,000 - Total for both attorneys: $14,000-30,000 **Factors Affecting Attorney Costs:** - Number of meetings needed (4-10 typical) - Complexity of issues - Level of conflict - Attorney experience and location - Preparation time between meetings ## Specialist Fees **Divorce Coach/Facilitator:** - $150-300/hour - Total: $1,000-3,000 (optional but helpful) - Helps manage emotions and communication **Child Specialist:** - $200-350/hour - Total: $2,000-5,000 - Represents children's best interests **Financial Neutral:** - $250-400/hour - Total: $2,500-8,000 - Analyzes complex financial issues **Other Specialists:** - Business valuator: $3,000-15,000 - Real estate appraiser: $400-600 - Pension evaluator (QDRO): $500-2,000 ## Total Cost Estimates **Simple Collaborative (No children, limited assets):** - Two attorneys: $10,000-20,000 - Filing fees: $300-450 - **Total: $10,300-20,500** **Moderate Collaborative (Children, moderate assets):** - Two attorneys: $15,000-25,000 - Child specialist: $2,000-5,000 - Filing fees: $300-450 - **Total: $17,300-30,500** **Complex Collaborative (High assets, business):** - Two attorneys: $20,000-35,000 - Financial neutral: $2,500-8,000 - Child specialist: $2,000-5,000 - Business valuator: $5,000-15,000 - Filing fees: $300-450 - **Total: $29,800-63,500** ## Cost Comparison **Collaborative vs Traditional Litigation:** - Collaborative: $15,000-30,000 average - Contested litigation: $25,000-75,000 average - Savings: 40-60% less than litigation - More expensive than simple uncontested ($2,000-5,000) - Best for cases with some complexity but willingness to cooperate

Ideal Situations **Good Candidates for Collaborative:** - Both parties committed to staying out of court - Willing to communicate respectfully - Complex assets requiring expert input - Want to preserve co-parenting relationship - Value privacy and control - Can afford collaborative attorneys - Want comprehensive, tailored solutions **Specific Scenarios:** - Business owners needing creative division - High net worth couples with multiple assets - Parents prioritizing children's wellbeing - Couples with shared professional circles - Cases involving complex tax issues - Situations requiring financial expertise ## When Collaborative May Not Work **Not Recommended If:** - History of domestic violence or abuse - Severe power imbalance between parties - One party hiding assets or lying - Mental health or substance abuse issues - One party refuses to negotiate in good faith - Criminal charges pending between parties - One party determined to "punish" the other **Warning Signs:** - Threats to go to court - Refusal to disclose information - Unwillingness to compromise - Hostility in team meetings - Non-participation in process - Attempting to manipulate outcomes ## Benefits Over Mediation **Why Choose Collaborative Over Mediation:** - Each party has own attorney throughout - More support and advocacy - Better for power imbalances - Team of specialists available - More structured process - Attorneys give legal advice during negotiations **Why Mediation Might Be Better:** - Lower cost ($3,000-8,000 vs $15,000-30,000) - Faster process - Single neutral vs two attorneys - Good for simpler cases - Less formal structure ## Success Rates **Statistics:** - 85-90% of collaborative cases settle successfully - 10-15% end with parties going to litigation - Higher success when both fully committed - Success rate drops if coercion or dishonesty present