Collaborative Divorce

Understanding that families with special needs also have special needs in the divorce process, Linnea Levine decided to make available to her clients the collaborative divorce process. Collaborative divorce fosters open communication and full disclosure between the divorcing couple and their attorneys, resulting in creative, long-term resolution of property division, financial support and parenting issues. Asset preservation planning and care planning for the spouse or the child with special needs is a primary focus in collaborative divorce. 

Our law firm has been successful in obtaining court approvals of divorce agreements which provide quality care for the disabled spouse or child while preserving marital assets. 

Collaborative Divorce is a process in which opposing parties efficiently resolve their legal disputes with a team, if the couple chooses, comprised of attorneys, mental health professionals, divorce coaches, financial planners and child specialist. Only two collaborative divorce attorneys are actually needed. However, the involvement of additional professional advisors often improves a case’s comprehensiveness, efficiency and economy.

Regardless of the number of additional team members, both parties must hire collaborative divorce attorneys, with one attorney representing each spouse. The attorneys contractually agree to involve no litigation practice during the collaborative divorce negotiations. The parties agree to full disclosure of income, marital property and all facts which materially affect the divorce. Centered on these commitments between two parties and their attorneys, collaborative divorce insures that neither party will supersede a decision using the court system or by concealment of material facts. Instead, it enables both parties to equally voice their needs and expectations until they reach a mutually suitable agreement.

The attorney’s and various other professionals take a step back, placing more control in the hands of the clients.  By introducing a relationship of mutual respect with clients rather than one of confrontation, collaborative lawyers allow clients to confidently take active and participatory role in the brainstorming of options and outcomes, decision making, and resolution of critical issues affecting their own lives, future plans and goals. 

Collaborative Divorce permits the divorcing couple, with the support of their respective attorneys, to actively plan together for the future care of a family member with special needs while preserving the couple’s hard earned assets.          

Collaborative divorce fosters a safe and respectful environment, enabling effective client-client and client-attorney communication and providing clients with the confidence to settle their disputes without resorting to litigation.

Constructive meetings of the parties and their attorneys and other professional advisors, used in collaborative divorce, reduce the couple’s confusion, uncertainty, and anger, often generated by the traditional divorce process. These conferences provide clients with an opportunity for them to civilly discuss and sort out the logistics of their divorce.

Empowered, clients learn to communicate their ideas more calmly and efficiently though listening and creative problems solving. In addition, clients, having honed their communication and negotiation skills and leave with an ability to diplomatically resolve any unanticipated conflicts.

Collaborative divorce attorneys positively impact the communication between clients by promoting full disclosure and respect during sessions. By encouraging an open exchange of ideas and voluntary production of financial documents, clients and attorneys are more likely to develop win-win solutions to the divorcing client’s issues of child custody, property division, and support. 

The collaborative divorce process can then also assist the clients in fully identifying and fulfilling the needs of their children. Thus, collaborative divorce allows not only for clients’ development of effective communication skills, but also the skills to successfully meet life’s challenges as a single person and a single parent. Collaborative Divorce strengthens family relationships, helping divorces end with mutual client satisfaction. Most importantly, collaborative divorce enables clients to create results that they would not normally be able to obtain in the traditional court setting.