A TEAM-based and cooperative alternative for your divorce

COLLABORATIVE DIVORCE

Collaborative Divorce

Collaborative Divorce is a non-adversarial process with specially trained lawyers, mental health professionals, and financial professionals who assist the parties to reach mutually agreeable settlements that are created by the people involved, not the court. In a collaborative divorce case, everyone works together with the commitment of all participants who will engage in a process requiring full disclosure of information by the parties and a commitment to resolve all issues without resorting to litigation. Collaborative Divorce is especially effective for couples who require a bit more support than what’s available with a single mediator during their divorce process, making it the logical choice before resorting to an adversarial attorney-led process.

Berni Stevens is a trained and active Collaborative practitioner in several groups in Maryland and also sits on the Board of Maryland Collaborative Divorce. She regularly hosts free informative webinars on Collaborative divorce and other divorce-related topics.

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Collaborative Divorce FAQ’s

Want to learn more about Collaborative Divorce? Read the answers to some of our most frequently asked questions.

What is Collaborative Divorce? What About Collaborative Law?

Collaborative Divorce is a non-adversarial approach to ending a marriage where both spouses and their attorneys commit to resolving all issues without going to court. The process involves open communication, transparency, and a team of professionals working together to help the couple reach mutually beneficial solutions. This approach focuses on protecting the well-being of all family members, especially children, while preserving relationships for future co-parenting.

The terms Collaborative Divorce, Collaborative, Law, and Collaborative Practice refer to the same thing and are used interchangeably.

How is Collaborative Divorce Different From Other Processes?

Traditional divorce litigation is an adversarial court process where attorneys advocate for their clients’ positions, often leading to lengthy court battles. Mediation involves a neutral third party helping couples negotiate, but typically doesn’t include a team of specialists, and the mediator cannot give legal advice. Collaborative Divorce combines the best aspects of both approaches while avoiding their drawbacks. Like mediation, it takes place outside of court, but provides each spouse with legal representation and a team of professionals (financial, mental health, child specialists) working together. Both parties sign a participation agreement committing to open communication and full financial disclosure. If the collaborative process breaks down and either party decides to go to court, both attorneys must withdraw, and the couple must hire new litigation attorneys. This commitment encourages all participants to stay focused on finding solutions rather than preparing for court battles.

Who Are the Professionals Involved in a Collaborative Divorce?

A Collaborative Divorce team typically includes:

Collaborative attorneys for each spouse
A neutral financial specialist to help with budgeting, asset division, and financial planning
A mental health professional serving as a divorce coach to facilitate communication
A child specialist (if children are involved) to ensure their needs are prioritized

How Long Does a Collaborative Divorce Take?

The timeline for a Collaborative Divorce typically ranges from 4 to 8 months, though it can vary depending on the complexity of issues and the couple’s ability to reach agreements. This is often faster than traditional litigation, which can take a year or longer. The process moves at the pace set by the couple, allowing them to take the time needed to make thoughtful decisions while avoiding the delays often associated with court schedules.

Is Collaborative Divorce Right for Everyone?

While Collaborative Divorce can be an excellent option for many couples, it’s not suitable for every situation. This approach works best when both parties:

Are willing to communicate respectfully and honestly
Can prioritize their children’s well-being over their own emotions
Are committed to full financial transparency
Want to maintain a workable relationship after divorce

Couples dealing with domestic violence, substance abuse, or severe mental health issues may need to consider other options. It’s important to consult with a collaborative law professional to determine if this approach is appropriate for your situation.

Is Collaborative Divorce More Expensive?

While Collaborative Divorce involves multiple professionals, it can often be less expensive than traditional litigation. This is because the process is typically more efficient, avoids costly court appearances, and focuses on problem-solving rather than adversarial tactics. The upfront costs may be higher due to assembling the professional team, but the overall expense is usually lower than a drawn-out court battle. Additionally, the transparent nature of the process helps couples make informed financial decisions and avoid future disputes.

Collaborative Divorce, though, is typically more expensive than a mediated divorce.

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