Collaborative Divorce
Collaborative divorce is a voluntary process in which couples who are separating or divorcing work with their attorneys to reach a mutually acceptable resolution of their divorce or separation issues. The goal of collaborative divorce is to avoid expensive litigation and to personally decide on mutually acceptable solutions.
Both parties and their attorneys sign a participation agreement in which all four agree to work together to disclose all relevant information to each other and resolve the issues in a cooperative, non-adversarial manner and not go to court.
Collaborative divorce is typically less stressful, faster and a more cost-effective alternative to litigation. It allows the parties to control the entire outcome to their mutual satisfaction rather than letting a judge decide the outcome, frequently to their mutual dissatisfaction and at a pace where months pass between each of many court appearances. Other professionals such as a financial advisor or a therapist may be brought in as desired by the couple.
Taking a Closer Look at Collaborative Divorce
Collaborative divorce is a method in which you and your spouse, with the support of properly trained specialists, create a mutual agreement. Each of you hires a collaborative attorney who guides and advises you during negotiations. You each meet privately with your own attorney, and you all meet as a group. Depending on your specific circumstances, and if you choose, a collaborative divorce may also involve an accountant or child custody specialist to advise you.
The participation agreement requires the attorneys to withdraw if a settlement cannot be reached and the case proceeds to trial. You will not be represented in court by collaborative divorce attorneys, nor will the other team members you have been working with.
Once an agreement is reached, it will be drafted as a Judgment that is submitted to a family court judge for signature. The legal aspect of the divorce becomes an uncontested operation that avoids a trial, contentious hearings on points of evidence, and pre-trial procedures such as interrogatories and depositions.
Frequently Asked Questions Regarding Collaborative Divorce
What is a collaborative divorce?
A collaborative divorce is an alternative divorce procedure designed to reduce conflict, cost and time. Each side is represented by an attorney with specialized training in family/divorce law.Both parties collaborate to reach agreements on all significant issues, including property division and child custody.
How is Collaborative divorce different from Mediation?
With Mediation, both parties share a neutral third-party attorney to mediate, whereas in collaborative divorce, each party has their own attorney for advice. Both procedures are intended to be low-conflict, but a collaborative divorce is typically more extensive and typically takes longer than Mediation.
Can a single attorney represent both sides in a divorce?
No, a divorce attorney cannot represent both parties, as that would be a conflict of interest. In Mediation, both sides utilize the same attorney to ‘mediate’ between them as a neutral third party, and does not ‘represent’ either party. While this may seem confusing, it is important to understand that the mediator does not ‘represent’ you.
How long does the entire process take?
Typically, collaborative divorces can take between eight and twelve months to resolve. If parties are having difficulty resolving their issues, it may take longer.
What happens if a settlement cannot be reached?
If settlement cannot be reached, you and your spouse can consider other settlement options, such as mediation, which may allow you to continue using a non-litigation process. If either party decides to “fight it out in court,” the collaborative attorneys and any other team members must withdraw, and each party must hire a new attorney for the court proceedings.
I want to use the collaborative process, but how do I get my partner to agree?
Encourage him or her to explore the benefits of a collaborative divorce on their own and then discuss the pros and cons. You could also both go together to meet once with a collaborative attorney who will answer your preliminary questions and clarify the process to your satisfaction.
See What People Have To Say About Ewing Mediation & Family Law
Greg Mohrman2024-01-31I needed Ms. Ewing's services several years ago and I cannot say enough about how impressed I was (and am) with her. She balanced empathy and decisiveness. Obviously, she's highly proficient in the law but her willingness and ability to listen and effectively engage with a variety of people - in, let's be honest, a variety of emotional states - is what really stood out. She's incredibly effective, and I strongly recommend her services to help mediate and resolve difficult circumstances.
RICK BATTAGLINI2023-11-28Divorce can be a trying time for all involved. I was very fortunate to find (and hire) Deborah Ewing, Ewing Mediation & Family Law (aka Deb). She handled everything with me from start to finish. In doing so, Deb was always very knowledgeable, supportive, professional and personable - her staff as well. As a licensed professional myself (not law), great service is truly appreciated and respected when seen. Since my divorce, I've recommended Deb multiple times and will continue to do so. Don't miss out on getting help you deserve, contact her.
John Horn2023-10-26Deborah Ewing was my divorce lawyer and she was excellent! I was always able to get in touch with her, she kept me informed of any communication with my wife's attorney and she has access to other professionals like CPAs. Beyond all that though, I found her one of the most intelligent people I've ever met. She always asks the right question and if I had a question she couldn't answer, she would find the right source for an answer. I heartily recommend her and her Family Law practice. John R Horn
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Patricia Herrera2023-08-09Going through a divorce is extremely stressful. Deborah guided me through the process and was there every step of the way. She is professional, attentive and competent. I am thankful and appreciative of everything that Deborah did for me. I highly recommend her.
Michelle Travens2023-06-05Deborah Ewing was my lawyer for my divorce in 2015 and I still sing her praises to friends and relatives! She was forthright, very intelligent, exceedingly thorough, and somehow managed to retain a truly calm, friendly, and capable demeanor, while handling mounds of paperwork and umpteen phone calls with the other party’s attorney and staff. She was not cutthroat towards the other party, but she was also quick to let me know when I was being too nice and accommodating. In summation, Deborah Ewing was a steady rock for me during a very de-stabilizing period In my life, and I am forever in her debt.
Lindsay Z Dellamaggiora2023-04-04Deborah was fantastic in all aspects in dealing with a difficult divorce/custody issue. I recommend her every time someone asks me for a family law attorney referral. I will most certainly continue to use her in the future should the need arise.
JeffTown “JeffTownUSA”2023-03-31Deborah’s calm, efficient, knowledgeable, professional representation made a difficult divorce situation tolerable. Retaining Deborah to represent me was the smartest thing I could have done. I highly recommend her if you are looking for help with a divorce.
Loy Miller2023-03-26I was very pleased with Deborah’s professionalism and her down to earth manner in handling my situation. I would highly recommend her.
Nalini Brahmbhatt2023-03-23Deborah is a wonderful, professional mediation attorney who navigated me through my divorce with consideration and efficiency. My ex and I both were able to settle with minimal cost and remain friends still! Her office staff were very helpful and always responded immediately. I would recommend her very highly.