Frequently Asked Questions


What happens if an agreement cannot be reached and one or both parties want a
conventional divorce?

The spouses and their professional team are bound by a written pledge not to go to court over
any contested issue. If an agreement can't be reached, or one or both parties wish to discontinue
the collaborative process, all professionals are legally obligated to withdraw from further
involvement in the case. This means that both parties have an incentive to settle their case
collaboratively in order to avoid hiring new professionals and beginning a traditional divorce
process through the court system, thus adding time and expense to the divorce.

How does the practice of Collaborative DivorceSM affect the cost of the separation or
divorce?

Representation and fee agreements between team professionals and clients are not directly
affected by the participation agreement. Generally, however, many of the most costly parts of
litigation (like depositions, multiple expert witnesses and hearings) are avoided in the collaborative
process.

What is the role of the Collaborative DivorceSM  Attorney?

Each person has a collaborative attorney. In individual meetings between each party and their
attorneys, and in joint meetings with both attorney and both parties, the attorneys will:

  • Represent the best interests of his/her respective client while maintaining the overall goal
    of the collaborative process.
  • Work with the other Collaborative attorney and the collaborative team to help the parties
    design a settlement agreement that is most appropriate for their family.
  • Facilitate the settlement discussion and incorporate client agreements into the final
    settlement document.
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