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The Collaborative Process |
Although no two collaborative divorce cases are the same, most involve some or all of the following during the divorce process:
Collaborative Retainer Agreement
In addition to the content of a general retainer agreement, a collaborative retainer agreement includes language committing the signer to the use of the collaborative law model and restricting provisions for court appearances/documents. It will also require the client to use a different lawyer if he or she decides to litigate.
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Discovery
Discovery is the exchange of documents and information regarding the parties’ assets and liabilities. The collaborative process requires complete disclosure of all relevant financial information by both parties.
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Specialists
Specialists, including coaches, financial specialists and child specialists, are used as needed.
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Four-Way or Five-Way Meetings
Both parties, their attorneys, and any specialists whose expertise may be helpful, meet together to discuss goals, exchange information, generate and discuss settlement options, and ultimately, sign the necessary paperwork.
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Filing with the Court
Once all settlement terms have been agreed upon, a Marital Termination Agreement (MTA) is drafted, signed by both parties and their attorneys, and filed with the court. A Judgment and Decree is also drafted and sent to the court for a judge’s signature and filing.
If the parties are unable to reach agreement, both parties must hire new lawyers to begin the litigation process. |
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