Collaborative Divorce

What Is Collaborative Divorce?

Collaborative divorce is a voluntary, out-of-court process in which each spouse is represented by their own specially trained collaborative attorney, and both commit in writing to resolving the divorce without going to court. Rather than litigating, the parties and their attorneys, along with any neutral professionals brought onto the team, work together in a series of structured meetings to reach a final settlement that addresses parenting, property division, and support.

The defining feature of the collaborative process is the Participation Agreement each party and attorney signs at the outset. That agreement requires full and voluntary disclosure of information, prohibits either side from threatening or filing litigation while the process is underway, and provides that if either party abandons the process for court, both collaborative attorneys must withdraw. This creates a strong, shared incentive for everyone at the table to stay focused on resolution.

Depending on the needs of the case, the collaborative team may also include a neutral financial professional to help with asset division and budgeting, and a neutral mental health professional or divorce coach to help manage communication and, where relevant, co-parenting issues. Each professional is retained jointly and works for the family as a whole rather than for either side.

As a child psychologist, trauma-informed professional, Guardian ad Litem for over 20 years, and now family attorney, I bring both clinical and legal experience to the collaborative process. I understand the law, but I also understand family dynamics, communication breakdowns, and what it takes to help two people move from conflict toward a resolution that protects their children and their futures.

Why Choose Collaborative Divorce?

Collaborative divorce is designed for spouses who want to resolve their divorce with dignity, privacy, and control over the outcome, without the cost, delay, and adversarial posture of courtroom litigation. Settlement discussions happen at the table, not in a courtroom, and the team is built around the specific needs of the family rather than a one-size-fits-all court process.

Fees and Retainer

Collaborative divorce is not offered as a flat-fee package. Because the scope, complexity, and number of issues vary significantly from case to case, and because a collaborative team may include additional neutral professionals depending on the family's needs, fees are billed against an individual retainer determined after an initial consultation.

  • Retainer amount: To be determined following consultation, based on the scope and complexity of the matter

  • Fees are billed against the retainer at my standard hourly rate; the retainer may need to be replenished as the case progresses

  • Any neutral financial professional or mental health professional joining the team is retained and billed separately, jointly by both parties

  • A written fee agreement outlining the retainer, billing rate, and terms will be provided and signed before work begins

What's Included

  • An initial consultation to determine whether collaborative divorce is the right fit for your circumstances

  • Representation as your individual collaborative attorney throughout the process

  • Preparation and negotiation of the Participation Agreement

  • Attendance at and preparation for all team and settlement meetings

  • Drafting of the final marital settlement agreement and, where applicable, parenting plan, for filing with the court

What's Not Included

  • Litigation, court appearances, or preparation of contested pleadings, which fall outside the collaborative process entirely

  • Fees for any neutral financial professional or mental health professional, which are billed separately

  • Representation of both spouses; each party must retain their own collaborative attorney

  • Continuation of my representation if either party withdraws from the collaborative process to pursue litigation, consistent with the Participation Agreement's disqualification provision

Communication Policy

To keep the collaborative process productive and the retainer used efficiently, communication outside of scheduled team meetings is handled as follows:

  • Substantive discussion of case strategy, positions, or settlement terms is reserved for scheduled attorney conferences and team meetings

  • Scheduling and administrative emails (confirming appointments, sending documents, etc.) are welcome at any time

  • Requests for informal updates or advice outside of scheduled meetings will be billed against the retainer at my standard hourly rate

1.

Initial Consultation

The process begins with a consultation to review your circumstances, confirm collaborative divorce is appropriate, and discuss the anticipated scope of the case and retainer.

How It Works

2.

Retainer and Fee Agreement

Once you decide to move forward, you will receive a written fee agreement setting out the retainer amount, hourly billing rate, and terms. Representation begins once the fee agreement is signed and the retainer is paid.

3.

Participation Agreement

Before substantive work begins, both spouses and their respective collaborative attorneys sign the Participation Agreement, committing to full disclosure, good-faith negotiation, and resolution outside of court.

4.

Team Meetings

The process proceeds through a series of team meetings involving both spouses and their attorneys, and where applicable, the neutral financial and mental health professionals, working through the issues in the case toward a final resolution.

5.

Final Settlement

Once agreement is reached, I prepare the final marital settlement agreement and, where applicable, parenting plan, for review, signature, and filing with the court.

Frequently Asked Questions

  • In mediation, a single neutral mediator helps both parties reach their own agreement and does not represent either side. In collaborative divorce, each spouse has their own attorney advocating for them throughout, while the whole team works toward an out-of-court resolution.

  • If either spouse decides to litigate, both collaborative attorneys are required to withdraw under the terms of the Participation Agreement, and each spouse would need to retain new, separate litigation counsel.

  • Because collaborative divorce is billed against an individual retainer rather than a flat fee, the total cost depends on the complexity of the case and the number of team meetings required. Retainer amount and billing terms are discussed at your initial consultation and set out in a written fee agreement before work begins.

  • It depends on the case. Many collaborative teams include a neutral financial professional to assist with asset division, and a neutral mental health professional or divorce coach to support communication and co-parenting. These professionals are recommended based on the specific needs of your family.

A clearer path begins with a conversation.

Request a consultation to determine the right next step for your family, case, organization, or professional audience.