DIVORCE
In Collaborative, there are three divorces: the emotional divorce; the legal divorce, and the financial divorce. To address those divorces, the Collaborative Process provides attorneys who are trained to facilitate resolution in a non-adversarial way, coaches to assist the parties and their children through the challenges of the divorce process, and neutral financial professionals who can help the Client plan their financial futures. Collaborative Divorce is future focused: the goal is to create two households that are financially stable and meet the needs of the clients and their children, all in a safe and supportive setting.
One aspect of Collaborative Divorce is particularly important for divorcing clients, and that is confidentiality and a safe place to discuss difficult issues. Many couples do not wish to have their family matters or finances aired in the public forum of court. This is particularly true for non-traditional families that may be concerned about unwanted scrutiny or judgment from a court or hostile counsel. Especially for members of the Poly community, Collaborative provides a safe, confidential, and judgment free space in which members of the community can discuss their needs and concerns, and have their legal issues addressed in a framework that takes into account the reality of their family, and the needs of all its members.
PRE-MARITAL AGREEMENTS
Negotiating Pre-Marital Agreements (also known as Pre-Nuptial Agreements or just Pre-Nups) is one of the places where the Collaborative Process truly shines. Collaborative offers couples the opportunity to sit down together with knowledgeable professionals to discuss their financial needs and concerns before marriage, and to create an agreement that lays a solid financial foundation for a strong and successful marriage which must include the economic success of both parties. If one party has or will accumulate more assets than the other, how much do those assets need to be protected, and how can they be used to support the marriage? Talking about finances is hard, but having a supportive Collaborative Team to help with these discussions is the best way to reach a consensus on the complex issues addressed in Pre-Marital agreements.
LGBTQIA+
While great strides have been made in recent years since the U.S. Supreme Court declared bans on same-sex marriage unconstitutional, the fact remains that almost all members of the Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex, and Asexual community have experienced some level of discrimination, and many feel that they will not receive fair treatment from the legal system or that their concerns will be addressed. The Collaborative setting offers members of the LGBTQIA+ community a safe and confidential setting in which to discuss their needs and concerns, free of discrimination, judgment and preconceived notions of family that pervade the legal system.
POST DIVORCE ISSUES
In those situations where the parents are continuing to co-parent their children after a divorce, or when there are continuing obligations under their agreement, it is often necessary for Clients to modify their agreements to address changed circumstances in the Clients’ lives (ex: think how Covid and remote learning affected working parents). Unlike traditional litigation cases, which can take months to prepare and even longer to hear, the Collaborative team is always available on short notice to help clients work through any issues, and because the team has worked with the Clients, the members already know the family and have the necessary background knowledge that enables them to help the Clients quickly resolve any issues that may arise after the divorce.
GRAY DIVORCE
The term gray divorce (a/k/a grey divorce) generally refers to cases where the couple is over the age of 50. For older couples in divorce, the reality is that they will not be able to significantly alter their financial situation, and therefore there is an emphasis on the assets and resources that the couple has already accumulated. Unlike traditional litigation, which is generally a backward-looking exercise where each party has to fend for himself/herself, Collaborative Divorce is a forward-looking planning process where the goal is to create two financially viable households that will last the clients the rest of their lives.