Collaborative Divorce — A Cooperative Approach to Divorce Negotiations
In a traditional contested divorce, spouses hire lawyers to outmaneuver each other and "win" their divorce. This adversarial cat-and-mouse game exaggerates disputes rather than solving them. Litigation swells the cost of divorce, drags out the timeline and creates friction and resentments that often resurface later.
Collaborative divorce is a practical twist on divorce negotiations which takes the confrontations and gamesmanship out of the equation. Similar to pre-suit mediation, the collaborative divorce process is voluntary and is geared toward an out-of-court settlement. Unlike pre-suit mediation, you have a lawyer at your side through out the process to guide you and protect your interests.
Beth Reineke practiced for many years in the divorce wars, and she now strictly handles alternatives to litigation like collaborative divorce. She is a Supreme Court Certified divorce mediator and Board Certified Emeritus specialist in divorce and family law. She was among the vanguard of Florida divorce lawyers to explore collaborative law, and currently serves as president of the Collaborative Divorce Institute of Tampa Bay.
Explore the Benefits of Collaborative Divorce:
Beth Reineke is a facilitator. She can help you decide whether collaborative divorce is right for you. She can help you assemble your collaborative divorce team, and then facilitate the collaborative divorce process, helping you, your spouse and your respective attorneys ultimately reach a collaborative divorce agreement. Arrange a consultation today.
FAQs — Hillsborough County Collaborative Family Law for Contested Divorce or Custody
Frequently Asked Questions About Collaborative Divorce
What is a collaborative divorce?
What are the advantages of collaborative divorce?
What other professionals make up the collaborative team?
How does the collaborative divorce process work?
What is a participation agreement?
What happens if settlement can't be reached?
Is collaborative divorce the best choice for you?
What issues can a collaborative divorce address?
What is a collaborative divorce?
Collaborative divorce is an alternative divorce process. The parties and their attorneys sign a participation agreement committing to resolve all divorce issues through cooperation and negotiation and agreeing not to litigate. This is accomplished through a series of conferences in which the parties work together toward a negotiated settlement. In the event the process is not successful, the attorneys must withdraw from representation, and the parties must hire new attorneys before proceeding with litigation.
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What are the advantages of collaborative divorce?
- It is generally less expensive than traditional divorce litigation. For instance, parties agree to share pertinent information freely, avoiding the necessity of formal discovery conducted by their attorneys. Less work means less attorney's fees. Additionally, if experts are needed, the parties will often retain joint experts, as opposed to the expense of each side hiring their own competing experts.
- It is less time consuming. The collaborative divorce process can usually be accomplished in several sessions over a two- to six-month period. By comparison, traditional divorce proceedings may take more than a year to go to trial and years to complete appeals.
- Collaboration results in a better settlement. Every family is unique and every family deserves a settlement tailor-made to their particular needs. The collaborative process produces final agreements that are typically more detailed and complete than any order that would be issued by a judge after a contested court proceeding.
- It lays the groundwork for a better future. There is no pain-free way to end a marriage, but by working cooperatively and treating each other with respect through this process, you and your spouse will be laying the groundwork for a less stressful future; one in which you can better parent your children.
What other professionals make up the collaborative team?
During the collaborative process a team of professionals may be assembled to assist the parties in understanding and resolving their disputes. These professionals may include mental health counselors, neutral financial advisors, accountants, parenting specialists, child specialists, vocational experts, appraisers and others, if needed. Most often the parties choose to retain a neutral joint expert and to share the cost. This cuts down on the expense of expert assistance and avoids a potential "battle of the experts."
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How does the collaborative divorce process work?
First, both spouses meet with their collaborative attorneys to discuss their needs and concerns. The parties and attorneys enter into a participation agreement agreeing to use the collaborative divorce process. Then, the couple and their attorneys proceed to meet in four-way sessions for the purpose of reaching a settlement without involving the court. During these sessions, financial information and records are exchanged, issues are identified and discussed, and settlement alternatives are explored. When an agreement is reached the facilitator (if she is an attorney) or one of the attorneys will draft the parties' marital settlement agreement detailing the particulars of the parties' verbal agreement. This legally binding written agreement is then submitted to the court for approval without having to go through a long court hearing.
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What is a participation agreement?
A participation agreement or collaborative commitment agreement is the key feature of the collaborative divorce process. This agreement is signed by the parties and their attorneys and typically provides that:
- Each party will voluntarily disclose all pertinent financial information.
- All efforts will be made to negotiate a divorce agreement without going to court.
- If experts are required, the parties will hire one neutral expert.
- If an impasse is reached and litigation becomes necessary, the collaborative attorneys will withdraw and litigation attorneys will be hired to represent the parties in court.
What happens if settlement can't be reached?
Even if you are not able to reach a full settlement on all issues, it may be possible to reach a settlement of some of the issues narrowing the issues that will need to be decided by the court. This will save time and money. As to the remaining disputed issues, they will need to be submitted to the court for resolution. The collaborative attorneys will withdraw from representation, and each party will hire a litigation attorney to present the disputed issues to the court.
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Is collaborative divorce the best choice for you?
In some instances, although the collaborative divorce process can be more expensive than mediation, it may be better suited for cases involving high dollar permanent alimony, complex property division, and other similarly complicated issues, because in addition to a facilitator, you have legal counsel on hand to make suggestions, evaluate options, and watch out for your legal interests. However, collaborative divorce, like mediation, is not for everyone, particularly if you have been a victim of domestic violence, if there is a history of significant financial misconduct, or if there is a history of serious mental illness.
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What issues can a collaborative divorce address?
A collaborative divorce will address all issues related to your separation and divorce, including the following:
- Alimony of all types, including temporary support and durational or permanent alimony
- Child support calculations, modification and enforcement
- Custody, visitation and time sharing, including interstate jurisdictional issues
- Pre-nuptial agreements, divorce agreements and formal legal separation agreements
- Marital property division, including allocation of retirement funds and joint assets and debts
- Parent relocation disputes
- Post-judgment modifications and enforcement of custody matters, child support or alimony
- Shared parenting arrangements
- Temporary relief, including spousal support, child support, custody and visitation, exclusive use of the marital home and access to marital assets while the divorce is pending
Collaborative Family Law: Divorce Lawyer as Peacemaker
Tampa collaborative divorce attorney Beth Reineke does not provide legal representation to either party in collaborative divorce. She serves as a facilitator to the divorcing parties and the collaborative team, or occasionally as a mediator to help resolve an impasse within the collaboration process.
Attorney Reineke has handled thousands of divorce cases in 20 years of family law practice and has extensive experience in collaborative divorce and alternatives to litigation. She can help you decide if collaborative divorce is the best path for you, and she is connected to a network of Tampa area collaborative divorce attorneys and other professionals who are specially trained in collaborative law. She can advise on which attorneys to hire and help couples find forensic accountants, financial planners, child psychologists and other experts, and generally assist the collaborative team throughout the process.
Contact us online or call 813-438-7129 for a free 20-minute phone consultation to discuss collaborative divorce with Tampa attorney Beth Reineke. She serves Tampa, Brandon, Clearwater, St. Petersburg and surrounding communities of Hillsborough, Pinellas and Pasco counties.
