January 20, 2015

The 4 Must Knows of Collaborative Divorce

56195395Collaborative law requires experienced professionals and clients willing to work together to find resolutions for their family law matters. It is a unique, non-adversarial process that provides an alternative to a traditional, litigation. It is a respectful process that depends upon four main tenants.

  1. Full Disclosure. In a collaborative law both parties provide all information relevant to the case. There are no formal discovery processes – no time or money spent on depositions or document requests. Both parties provide everything needed – if someone needs more, they ask and agree to disclose it. Both parties must have all the information they need to generate options and make decisions.
  2. Confidential Process. The information discussed an the options generated are confidential and shall not be disclosed until final resolutions are reached. Divorce is not a confidential process by default. Indeed, the court process is quite transparent. In collaborative, however, the information discussed and shared is not disclosed until the very end. This provides for a more thorough process overall.
  3. Neutral Experts. All experts shall be neutral. They will be chosen by both parties together (often recommended by other professionals) and operate in an on-adversarial manner. Their expertise benefits both parties.
  4. Professionals Limited in Representation. The collaborative professionals on a case can only work in one role – settlement. The professionals cannot represent you in any other matter and in any other capacity. Your collaborative attorney cannot represent you in a court process. A mental health professional (child specialist or coach) cannot provide therapy. And the financial neutrals cannot also solicit your financial planning business. Everyone has one purpose and one role – to help you find collaborative resolutions.

Kimberly MillerABOUT THE AUTHOR
Kimberly Miller
Attorney, KM Family Law, LLC

Kimberly Miller, JD, MA, LAMFT is known for her ability to resolve challenging family issues without resorting to aggressive legal strategies that are damaging to vital family relationships. After years of litigating business and family disputes at a prominent national firm, she recognized the devastating psychological and financial impact that litigation can have on individuals, couples, and other loved ones. She decided to establish her own practice to promote alternative forms of dispute resolution, such as collaborative law and mediation, to reach consensus. Learn more at www.KMFamilyLaw.com

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