Collaborative Divorce- the Team Approach

By: Joanne S. Nadell, Esquire
November 2, 2011

It is said that it takes a village to raise a child. For collaborative divorce practitioners, it takes a team to steer a family through the difficult process of divorce. Members of the Two River Chapter of the Jersey Shore Collaborative Law Group focus on achieving the particular goals and interests of each family.

Collaborative team members minimize conflict, emphasize respect and customize a resolution that is uniquely tailored to the family. Divorcing couples engage in the process by first hiring specially trained attorneys who focus on resolutions, not escalating conflict, anger and competition. By engaging in a series of face-to-face meetings, called four-ways, counsel and clients work together to identify options, exchange financial information and bring ideas for solutions to the table.

A unique and essential element of collaborative practice is that the clients and counsel actually sign a contract not to litigate! Going to court to resolve family matters is unproductive, very expensive and the most divisive way to end a marriage or civil union. Children frequently become the victims of the parties’ competing interests. The family resources are drained by expensive and lengthy court proceedings. College funds and a home’s equity can be squandered on a legal battle that leaves only broken families in its wake.

The team approach of collaborative divorce is uniquely suited to helping couples identify and move toward resolution of every issue. Specialists, in addition to the lawyers, assist with the most common issues of custody, parenting time, child support, alimony, the marital residence and the equitable distribution of the family’s assets and debts.

The Two River collaborative attorneys, listed herein, are dedicated to avoiding this destruction with the assistance of other collaborative professionals, including mental health and financial professionals, as needed.

An integral part of the process includes engaging a divorce coach who may assist clients in vocalizing their goals, managing their emotions and improving their communication skills with each other. A child specialist may be added to the team to provide special assistance to the couple or a child regarding custody and parenting time concerns.

Financial neutrals, generally C.P.A.’s assist the lawyers and the couple in gathering their financial records, identifying and calculating the value of assets, and apportioning marital debt. Frequently, the financial neutrals help is sought to determine the best way to resolve issues surrounding the marital home. Should it be sold or refinanced? Is it affordable and appropriate for one party to stay there?

Clients who engage the services of other Team members save counsel fees and costs by utilizing the services of experts who frequently have a lower hourly rate than the two lawyers. Expert assistance at a reduced cost is clearly an attractive alternative to clients.

Collaboratively trained attorneys have a unique perspective on divorce. Contrary to the public’s standard expectation and Hollywood’s popular depiction of contested divorces, divorce in a calm, non-adversarial and efficient manner is possible.