by Bruce L. Dorner
You mean there’s a way to get a divorce without a trip to the courthouse? Yes! Wow, what happened to all that fancy lawyer stuff like depositions, interrogatories and fancy Latin phrases?
Collaborative Law is the new sheriff in town. So, what is it all about? Collaborative Law is a process of practicing law where the attorneys for the husband and wife assist their clients in resolving conflict and reaching a settlement agreement using cooperative strategies rather than adversarial techniques. No litigation! Divorce without the bloodshed!
The process requires that each client and each lawyer must voluntarily agree to the process and sign documents which confirm that everyone will work toward a settlement and, under no circumstances, will either lawyer participate in any litigation if settlement is not achieved. Each lawyer will withdraw from representation.
So, what’s the big advantage? The parties retain total control of the process. Nothing is filed with the court. There are no deadlines. No sheriff to serve documents, and no need to rush to complete the process within a court ordered time frame. Everything remains completely private until the final settlement agreement is filed with the court. Also, do you really want to give the court control over your family? Who knows what’s better for your kids than you and your spouse? Do you think the judge can make a better decision than the two of you? All the judge hears are lawyers telling stories. The judge has never been to your house.
Another benefit to the process is that the final agreement (Stipulation) is likely to be more acceptable to both parties than any order made by the court after an adversarial trial. Do you really want to spend money on court hearings, a trial, and all the stress that accompanies having people on the witness stand say unkind things about you or your spouse?
The Collaborative Law process starts with each party hiring a specially trained Collaborative Law attorney. In New Hampshire we have a Collaborative Law Alliance. Each attorney must complete a rigorous course of instruction and have sufficient years of experience in divorce law to participate. They must petition for admittance to the organization and meet certain standards of practice.
Each client signs a contract with his or her lawyer which confirms that legal representation will be provided under the collaborative model. The lawyers and the parties also sign a contract which confirms that they will all work toward the goal of an agreed settlement and will use the collaborative method.
All of the marital problems need to be addressed in order to reach an amicable settlement. The parties explore the legal issues, the emotional issues, the children’s issues and the financial matters which confront the marriage. Often the husband and wife will use counseling services in addition to legal services. Occasionally, other professional services may be needed such as accountants or financial planners.
Usually, the process starts with each party identifying issues of concern. Information is gathered and exchanged. The lawyers have several discussions before everyone sits down to review all of the concerns and to start planning how to best move toward settlement. To some extent, it may resemble mediation, but without the mediator. There may be times where everyone is in one room having a 4-way conference and there may be times when there are private conferences between the attorney and his or her client. As the process moves forward drafts of documents are exchanged and modifications made to accommodate the needs of all concerned. The ultimate objective is for the attorneys to facilitate the parties reaching their own agreement.
Once a full agreement has been reached, the attorneys prepare the necessary documents to be filed with the court. Since Rockingham County has a Family Division of the court system, we are extremely fortunate that those judges have agreed that if the Stipulation includes a request to be excused from attending a final hearing, they will generally grant that request. Therefore, the entire package can be mailed to the court and a decree of divorce will be issued to the parties by mail.
In conclusion, if you are confronted with the need for a divorce, consider the collaborative model to help everyone maintain control of their environment and their dignity during a difficult and stressful time.