March 2011 Archives

March 27, 2011

Why The Team Approach To A New York Collaborative Divorce Makes Sense

When collaborative divorce was first developed, it was a process that involved two attorneys and their clients. The attorneys not only counseled and advised their clients about the law, but also about the financial and child-related issues that needed to be resolved. And they did their best to help with the emotional and communication issues that inevitably arose during the divorce process.

Collaborative attorneys eventually realized that while they were the best source of legal information and advice for their clients, this wasn't necessarily the case when it came to financial issues, child development issues and communication issues. Instead, collaborative attorneys realized it made more sense to refer their clients to other professionals who had specialized training in these areas. And that's when the team approach to collaborative divorce began.

Today the New York Association of Collaborative Professionals and other practice groups train financial professionals, divorce coaches and child specialists alongside lawyers in collaborative practice. As a result, the team approach to collaborative divorce has become more commonplace.

How do these other professionals help the clients in a collaborative divorce?

The financial professionals help the attorneys and clients divide the marital property in a way that makes the most sense to meet the short and long-term needs of the parties and their children. They provide tax information and they can help the parties explore different property distribution and support options.

The mental health professionals can play one of three roles. They either act as a divorce coach for an individual client, they act as the neutral divorce coach for the entire team, or they act as a child specialist. Divorce coaches help the clients deal with feelings such as hurt, anger, sadness and fear that will often come up during the divorce process and that can interfere with a client's ability to make smart choices in the negotiation process. Divorce coaches can also help the clients learn how to communicate better with their spouse, their children and even their lawyers during the process. Child specialists bring the voice of the children to the collaborative process and they educate the parents about child development issues that may need to be considered and addressed. The child specialists will then help the parties arrive at a parenting arrangement and decision-making process that works best for themselves and their children.

Is the team approach more expensive than a lawyers-only approach to collaborative divorce?

Finances and cash flow are serious concerns in any divorce and the need to retain other professionals at the outset of the collaborative process can feel daunting. But when clients take their attorney's advice to bring other professionals onto the team, they will save money in the long run. Not only do the financial professionals, divorce coaches and child specialists all charge less per hour than the lawyers, but when clients receive specialized information and advice from these professionals, they are often able to come to an agreement in less time than in cases where the lawyers are being called upon to play multiple roles.