Divorce is no longer a rarity. Due to various sociological reasons, divorce is becoming mainstream as more than half of us will eventually go through it. Many legal professionals are striving to improve the current divorce process so as to lessen the financial and relational burdens which often accompany divorce. One concept that has emerged is Collaborative Law. In this process, divorcing couples each hire an attorney from a group of collaborative law practitioners who then, by virtue of a binding agreement, help the parties settle their divorce in a strictly non-adversarial manner. The desired result is to reach an agreement without having to go to trial. This approach is cost-effective and less time-consuming than a contested divorce. Many couples who have gone through bitter, expensive courtroom battles wish that collaborative law had been available to them.
But collaborative law can go one step further: namely Interdisciplinary Collaborative Law. This method allows divorcing couples to assemble a “team” of professionals to help them with every aspect of the divorce process. A mental health professional and certified financial planner join two collaborative law attorneys (one to represent each party) who guide the divorcing couple through the decisions that must be made. Each of these professionals brings his or her own unique expertise to the table, allowing couples to devise the best plan possible for living apart.
The mental health professional brings experience in helping individuals deal with the stages of grief which often accompany divorce. This skill alone is a compelling reason to involve mental health experts in the divorce process. But additionally, a seasoned mental health professional can help clients develop realistic expectations for the future, which can be critical during the post-dissolution adjustment phase. And if children are involved, this professional’s knowledge regarding the developmental needs of children can be extremely valuable in devising appropriate visitation schedules. Rarely does the most well-trained divorce attorney possess all of these skills.
The financial planner is useful in helping the parties obtain a clear picture of their financial situation which, in turn, sets up parameters for discussion about maintenance and the future cash flow needs of the parties. Additionally, this expert can assist in calculating the tax consequences of the parties’ decisions and help ensure that the division of property and debt is still equitable after paying any required taxes.
Using all of the resources of the team, the parties participate in four-way meetings in an attempt to negotiate a mutually agreeable settlement. Should these attempts fail, the attorneys must withdraw and refer the parties to litigation attorneys. However, anything disclosed in the collaborative law process is barred from use at trial, with the exception of documents required by the court (such as financial statements).
The multifaceted aspects of divorce have been too long neglected, leaving divorcing parties with feelings of anger and dissatisfaction, particularly toward their attorneys. The Interdisciplinary Collaborative Law method allows for a resolution of divorce issues in a cooperative manner with professional guidance, rather than a frightening ride cumulating in mountainous piles of paperwork and multiple court appearances. Couples contemplating divorce should consider using the Interdisciplinary Collaborative Law approach for the healthiest divorce possible.
