The collaborative divorce model involves a team approach to resolve disputes. Because the team members are working together to reach a settlement, the adversarial nature and posturing often found in traditional divorce litigation is lessened. Every family dynamic and needs are different so not all cases will require the involvement of the entire team. However, all collaborative divorces require each party to have an attorney. A complete collaborative divorce team includes: two collaborative attorneys, two coaches, one neutral financial professional and a child specialist. The role of each team member is briefly described below:
Collaborative Attorneys
- Advocate with and for their client.
- Advise their client regarding their legal rights, obligations and responsibilities.
- Help their client clarify goals, concerns, priorities and values.
- Work with mutual respect when interacting with the other attorney and other team members to manage conflict, present solutions and options available to the parties.
- Spend a great majority of time, energy and creativity to help the parties reach a settlement.
- Write all agreements, documents and forms to obtain a legal marital dissolution of the parties.
Coaches
- Are mental health professionals who offer their clients support, skills and options during the negotiation process.
- Traditionally, there is one coach per client. Coaches and clients are often gender matched (i.e. female coach w/female client).
- Although coaches are mental health professionals, they do not provide therapy, which is a common misperception of their roll in the collaborative process.
- Teach communication skills, stress management, provide emotional support and often assist in helping the parties reach a parenting plan/schedule and parenting concerns as coaches are well versed in understanding child development and needs.
- Assist the parties in communicating more effectively together so they can address family issues with less emotion and more like business partners.
- Coaches inform the parties on the effects of divorce on the minor children.
- Are allies to their client.
- Work with mutual respect when interacting with the other party and team members.
Neutral Financial Specialist
- Are neutral, which means there is one financial specialist advising both parties and attorneys.
- Usually a CPA, Certified Financial Planner or Certified Divorce Planner who assists in gathering the parties’ financial data and information, prepares budgets for the parties and prepares options for the division of their property.
- Explains to both parties their financial situation. Answers each party’s questions regarding financial issues during the process.
- Prepares DissoMaster reports concerning spousal and/or child support for the parties and attorneys to review.
- Assist the parties in determining the value of a business, if qualified to do so.
- Assist the parties in determining each party’s cash flow available for the payment of support.
- Helps to resolve misunderstandings concerning financial matters and answer questions.
- Helps the parties determine ways to financially go forward after the divorce is final.
- Work with mutual respect when interacting with the parties and other team members.
Child Specialist
- A trained mental health professional that has experience in dealing with children and their specific needs during their parents’ separation and divorce.
- Is there to give a voice to the children without them having to feel that their loyalties are divided between their parents.
- Meets with the children and provides a safe and comfortable environment to discuss their concerns, goals and fears.
- Reports back to the team and parents the children’s concerns and offers assistance to the parents and team in developing a plan that addresses the children’s concerns and goals.
NEED A CONCLUSION All divorces and families have different issues that need to be addressed in the collaborative process so it may not be necessary to have a full collaborative team working with you. Financial concerns can also dictate which parts of the team you and your spouse will decide is best to utilize under your unique circumstances. Your collaborative attorneys can work with you and your spouse to determine which team members are appropriate in your particular case.