When a person is contemplating a divorce, they understandably assume the professional needed is a lawyer. In addition to legal issues, divorce often presents complex financial questions, parenting concerns, communication challenges, and strong emotions. As a consequence, different aspects of a divorce may require different kinds of expertise. A unique feature of a Collaborative Divorce is the creation of the Collaborative Team consisting of each client’s lawyer, a neutral financial professional, and a neutral facilitator. Carrying the goals of the clients as a group creates a shared sense of purpose and reduces the emotional load because there is no ‘winning’ or ‘losing’ by one party.
The lawyer in a Collaborative Divorce ensures their client’s understanding of the law, his or her options, rights and obligations, and his or her risks. Together with the other professionals, the lawyers work to model effective communication aimed at minimizing conflict and promoting cooperation. When de-escalation is the tone from the outset, as the matter proceeds, the clients are better able to remain forward-looking.
The neutral financial professional, most often a CPA, assists the clients in understanding their incomes and expenses, assets and liabilities, identifies tax issues, and develops a shared financial picture both clients can work from in contemplation of their respective future needs. A financial professional is also essential when one or both parties owns a business as business ownership brings with it unique issues relating to asset valuation and income.
The developmental needs of children and communication patterns are just some areas in which the neutral facilitator, most often a psychologist or licensed mental health counselor, is trained and can offer specialized input. Divorcing parents will necessarily be navigating a document called a Parenting Plan, which addresses things like how decisions affecting the children will be made, how the parents will receive and/or exchange information regarding the children, each parent’s timesharing schedule, and communication between the parents and between the parents and the children. In the collaborative process, the input of the neutral facilitator on the Parenting Plan can prove invaluable, especially in cases involving a special needs child or a parent dealing with mental illness or addiction. The neutral facilitator can also be available to the parents as a resource long after the divorce is over.
Ultimately, the collaborative process provides clients with a team of individuals with varied expertise, resulting in more robust information being provided that can then allow for easier decision-making and healthier post-divorce relationships.