Jeffrey Wasserman

Concerns on Collaborative: How Can My Divorce Be Affordable

The divorce process, regardless of the process you choose, can be a costly one. Even if you do your divorce yourself, it is recommended that you hire a lawyer to review your final agreement and lawyers cost money.

Typically, in the Collaborative Process, there are attorneys for each party and two neutral professionals, a mental health professional and a financial professional, to comprise a full.  In the Collaborative Process, while you may be paying more professionals to be on your team, you still control the costs. Additionally, while full teams are highly recommended, there may be instances where a full team is not needed.

The way that clients can control costs is by determining how the professionals are utilized and therefore the overall expense that may be associated. For instance, the clients can decide to resolve their parenting issues with only the Mental Health Professional rather than the full team. The client can work with the Financial Professional in providing the needed materials and documents for the team to work on the ultimate resolution. Finally, the lawyers can be called in when it comes time to negotiate and draft the settlement agreements.

In litigation, there are usually no mental health people to help the parents design parenting plans with time sharing provisions. The lawyers simply advise the clients on what the law provides. Further, in litigation, with counsel, there are usually two forensic accountants, one for each party, rather than one neutral used by both parties in the Collaborative Process. In litigation you may have motions and hearings that cost additional money. Plus, you may not always be able to tell your lawyer who they can and cannot hire as they work in building your case.

Utilizing one of the most important parts of the Collaborative Process, the participation agreement, professionals engaged in utilizing the Collaborative Process work to prevent activity that will increase expenses. The Participation Agreement prevents your lawyer from going to litigation and because everyone involved in the process is committed to remaining out of court, you can ultimately control and manage the cost or your divorce. The Collaborative Process is designed to be efficient.