Collaborative Divorce and Multidisciplinary Collaborative Practice Groups

Collaborative divorce is a process of dissolving a marriage in a way that is less antagonistic and less third-party-directed than a divorce through the usual avenue of going to court. In collaborative divorce, both spouses and both attorneys agree that they will not go to court. They agree that they will work together for the best interests of the family (spouses and children) to come with a resolution that works for everyone. They also agree that they will not use the information gained through the collaborative divorce process against the other spouse if the collaborative process doesn’t work and they end up in court. The attorneys cannot represent the clients they represented in the collaborative process so the spouses would have to hire new representation if the collaborative process failed.

Types of Multidisciplinary Professionals

One of the advantages of the process of collaborative divorce is that it pulls together professional from different areas of expertise to assist in assuring everyone’s needs are met. Multidisciplinary professionals who might help would include:

Financial/Accounting Experts
Psychologists or Therapists
Parenting Experts
Career/Vocational Experts
Social Workers

Objectivity and Professional Knowledge Create a Better Result

Not every divorce would need each of the experts listed above, but the goal for every collaborative divorce is to help the family through the dissolution process by educating everyone on every issue. In every divorce there is a spouse who may be more knowledgeable about finances or more familiar with child care issues. Using professionals to educate and familiarize both spouses with the situation and the possibilities moving forward levels the playing field and neither spouse comes to the negotiating table unprepared or uneducated.

Often one spouse will claim to know what is best for the children and while that spouse may be right, it is usually more effective to have the child care advice come from a child care professional. Both spouses are more likely to accept the advice and recommendations of an objective professional than the other spouse with whom s/he is divorcing. All the multidisciplinary professionals agree to remain neutral throughout the process and to make recommendations only in consideration of the family’s best interests and not in favor of one spouse over another. It is this neutrality that makes the use of multidisciplinary professionals work in a collaborative divorce.

One Expert is More Efficient and Cost-Effective Than Two Experts

In a typical non-collaborative divorce, each spouse would hire the same experts to act on his/her own behalf and to present the facts in a way that favors one spouse over the other. That means each spouse hires an expert so the costs are double what they would be if both spouses hired only one expert for each professional area.

Getting Legal Help

There are attorneys who specialize in collaborative divorces and if you are considering taking the collaborative divorce route, you should consult a collaborative divorce attorney. These attorneys are trained to help divorcing couples work past the anger and emotion to get things done efficiently and are also have connections with multidisciplinary experts who will be true to the process of staying neutral.

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