Going through a divorce is expensive emotionally as well as financially. You can elect to go it on your own, but there could be an imbalance of power in negotiations between the individual parties, which could affect the negotiations and outcome. Further, as if the stress of divorce is not enough, having to navigate the process in court on your own presents its own challenges and additional stress. Finally, you want to make certain that what you have negotiated and settled upon is written in a way to ensure that it will be enforceable and modifiable, as needed in the future. For these reasons, it is recommended that you hire a lawyer to assist you through the divorce process. Please do not be “penny wise and pound foolish.”
The Collaborative Law Process requires that each party has their own lawyer. In addition, there can be two neutral professionals, a mental health professional and a financial professional, to comprise a full collaborative team. Although you may be paying more professionals to be on the collaborative 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 with the Process. For instance, the clients can decide to resolve their parenting issues with only the Mental Health Professional who works with both parents in formulating a Parenting Plan that is best suited for the family. In litigation, the lawyers, who generally charge more than the mental health professionals, who are in charge of negotiating the parenting plan, most often based on law rather than what may be in the best interests of the children and family.
The Collaborative Law Process provides for open, transparent and voluntary production of material documents, rather than formal discovery, which often leads to motions and hearings in litigation. The one financial neutral accumulates the financial documentation and then works with the clients to provide schedules based on different options in resolving the financial issues of equitable distribution and support. In litigation, there are usually two forensic accountants, each representing the sole interests of their clients.
The Collaborative Law Process is generally more efficient than litigation. There is no court, so there are no motions and hearings, depositions and other forms of formal discovery found in litigation. And best of all, the clients control the time involved and the negotiations which take place in open team meetings. In short, where there may be additional professionals in the Collaborative Law Process, it is generally less expensive than litigation and it is a process where the client has the most control over the cost of obtaining their divorce and the outcome.
Clients should contact their local collaborative practice groups or collaborative attorneys in their area to inquire about qualifications for pro bono or low bono programs. Some local practice groups promote flat fee agreements, as well.