The Collaborative Divorce Process (also known as Collaborative Practice, Collaborative Law or Family Law, or Collaborative Divorce) is a developing area of family law practice in Michigan and is part of a national and international movement to remove family issues as much as possible from “traditional” court settings and procedures. The aim of collaborative law is to create outcomes that best serve the needs and values of all parties involved and to do so through a process that is cooperative rather than adversarial. Negotiation, compromise, and creative problem solving are all important parts of the collaborative divorce process.
In the Collaborative Divorce approach, a professional team supports a couple through the emotional aspects of divorce as they resolve the legal and financial issues. Both parties retain an attorney who has been Collaboratively trained. The professional team can include any Collaboratively trained, typically neutral, expert or professional that may be needed, such as a Mediator, Financial Adviser, Tax Expert, Appraiser and/or Mental Health Professional or Divorce Coach. Collaborative practice emphasizes privacy, full disclosure and exchange of information, and mutual, informed decision-making.
Once both parties decide to use the collaborative process, it begins with the parties and attorneys meeting to sign a Participation Agreement, which includes a commitment not to use the court system until a full resolution is reached. The process is completely confidential, and, as such, in the event either party breaks their commitment and starts a litigation case or or acts in an adversarial way that precludes an amicable settlement – all members of the Collaborative divorce team, including both attorneys, must resign from the case. This provides a powerful incentive to continue with the often challenging job of crafting a settlement which feels fair to all members of the family. It also allows the professionals to focus all their efforts on settlement considerations.
New laws affecting collaborative divorce in Michigan became effective April 1, 2019, so its interplay with the court system is very new in our state. These laws make the process of entering the final documents with the Court much easier.
The Attorney’s time in Collaborative practice cases is billed by the hour and requires a retainer. The retainer amount and costs are highly variable, depending on the services needed and the complexity of the issues.
All of our Attorneys are trained in the Collaborative Divorce Process and welcome the opportunity to discuss this option with you further if you are interested. Please contact us to set up a consultation.
