BREVARD COLLABORATIVE ASSOCIATION

Collaborative divorce is a voluntary, out-of-court process where spouses work together with a team of specially trained professionals to resolve the legal, financial, and parenting issues involved in their divorce.  Rather than preparing for litigation, the collaborative team focuses on helping the parties reach mutually acceptable solutions that meet the needs of the entire family.

Traditional divorce is often adversarial and court-driven.  Collaborative divorce is settlement-focused and designed to reduce conflict, expense, and emotional stress.  Instead of preparing for trial, the professionals involved work together to help the parties reach agreements outside of court.

Resolving a divorce outside of court can offer many advantages, including greater privacy, lower overall costs, faster resolution, and increased control over the outcome.  The collaborative process also encourages respectful communication and problem-solving, which can be especially beneficial when children are involved.

In mediation, a neutral mediator facilitates negotiations, and each party may or may not have their own attorney.  In collaborative divorce, each spouse is represented by their own collaboratively trained attorney throughout the process.  The parties also have access to neutral professionals, such as financial specialists and facilitators, who assist the entire family in reaching informed and durable agreements.

Yes.  Many couples begin the collaborative process while experiencing significant conflict, hurt feelings, or communication difficulties.  The process is specifically designed to improve communication, reduce conflict, and help the parties work through disagreements in a respectful and productive manner.

Yes. Collaborative divorce emphasizes cooperation, healthy communication, and creating parenting arrangements that serve the children's best interests while preserving the parents' ability to work together in the future.

Children's needs are a central focus in the collaborative process. The collaborative team helps parents develop a comprehensive parenting plan that addresses time-sharing, decision-making, communication, parental responsibilities, and other issues unique to their family. A neutral facilitator can help parents communicate more effectively and work through difficult parenting discussions, while a child specialist may be included to provide insight into the children's developmental and emotional needs. The goal is to create practical, durable solutions that promote the children's well-being and provide stability for the family after the divorce.

Yes. Because the collaborative process focuses on respectful communication, problem-solving, and long-term solutions, it often helps parents establish a healthier foundation for co-parenting after the divorce is finalized.

In many cases, yes. By minimizing parental conflict, avoiding contentious courtroom proceedings, and encouraging cooperative decision-making, collaborative divorce can help reduce the emotional stress that children experience during their parent’s divorce process.

Typically, no. Children generally do not participate in collaborative meetings or legal discussions. In limited circumstances, the parents may jointly decide that a child should meet with an agreed-upon neutral professional to address specific educational, developmental, or mental health concerns. If that occurs, the child interacts only with that professional and is not asked to participate in negotiations or legal decision-making.

Every case is unique, and costs vary depending on the complexity of the issues involved. However, collaborative divorce is often less expensive than litigation for several reasons:Collaborative cases are typically resolved more efficiently, reducing the time and legal fees associated with prolonged court proceedings.The process emphasizes cooperation rather than adversarial litigation, reducing unnecessary conflict and expense.The parties generally share the cost of neutral financial and other professional experts instead of retaining separate competing experts.Financial information is gathered cooperatively, resulting in a more streamlined and cost-effective discovery process.Duplication of attorney efforts are minimized because both attorneys are working from the same complete set of information.

The length of the collaborative process depends on the complexity of the issues and the parties' availability and willingness to participate.  Many collaborative cases are resolved within four to six months, although more complex matters may require additional time.

Yes. Each party is represented by their own collaboratively trained attorney throughout the entire process. Your attorney advocates for your interests while working cooperatively with the other professionals to achieve a fair and durable resolution.

Every collaborative case includes an attorney for each spouse, as well as a team that may include a neutral financial professional and a neutral facilitator.   Depending on the family's needs, additional professionals, such as child specialists, business valuation experts, tax professionals, or other subject matter experts, may also participate.

Most collaborative cases result in a full settlement. However, if the process ends without resolving all issues, the parties must choose a different process for resolving their remaining disputes and retain new attorneys to represent them in that process. Likewise, the neutral professionals who participated in the collaborative process do not continue into litigation.This requirement is a fundamental feature of collaborative divorce. Because no member of the collaborative team can continue into contested litigation, everyone involved remains focused on helping the parties reach a mutually acceptable resolution rather than preparing for trial. If the process does end, the collaborative team will assist in making a smooth transition to new legal counsel so the parties can move forward efficiently.

Yes. If both parties agree to pursue the collaborative process, an existing court case can be placed on hold while the parties attempt to resolve their dispute collaboratively.

No. Collaborative divorce requires attorneys who have completed specialized collaborative law training and who are committed to the unique principles and procedures of the collaborative process.

A facilitator is a neutral mental health professional who assists both the parties and the collaborative team with communication, conflict management, and productive decision-making. The facilitator helps identify and address emotional or interpersonal issues that might otherwise interfere with reaching a successful resolution.

No.  The mental health professional who is acting as a facilitator for the collaborative team will not provide therapy, psychological evaluations, diagnoses, or treatment for either spouse.  Their role is to facilitate effective communication and support the collaborative process, not to assess either party's mental health.

Yes.  Unlike courtroom litigation, collaborative meetings occur in private offices rather than open courtrooms.  Although court filings are still required to legally finalize the divorce, much of the negotiation and problem-solving occurs in a confidential setting outside of court.

In most collaborative cases, court involvement is minimal.  Typically, the court's role is limited to reviewing and approving the parties' settlement agreement and entering the final judgment dissolving the marriage.

Yes.  Full, honest, and voluntary financial disclosure is a fundamental requirement of the collaborative process.  Both parties agree to exchange all relevant financial information so that informed decisions can be made.

Not always.  Collaborative divorce requires both parties to participate voluntarily, negotiate in good faith, and provide complete and honest financial disclosure.  A consultation with a collaboratively trained attorney can help determine whether the process is appropriate for your family's circumstances.

Collaborative divorce can still provide significant value. Even when the parties agree on many issues, the collaborative team can help finalize comprehensive legal documents, identify and resolve overlooked issues, evaluate financial options, and develop parenting plans that are practical and sustainable.

The first step is scheduling a consultation with a collaboratively trained attorney.  During that meeting, you will learn about the collaborative process, discuss your family's circumstances, and determine whether collaborative divorce is the right approach for your situation.

One spouse can begin by consulting with a collaboratively trained attorney to learn more about the process. If collaborative divorce appears to be a good fit, your attorney can help provide information to your spouse about the process. Because collaborative divorce is voluntary, both spouses must ultimately agree to participate. Many people who are initially skeptical become more receptive once they understand the benefits of resolving their divorce outside of court.

Choose an attorney who has completed specialized training in collaborative divorce and whose communication style and approach align with your goals. Because collaborative divorce emphasizes problem-solving rather than litigation, it is important to work with an attorney who is committed to helping you reach a fair, informed, and lasting resolution. Most people begin by scheduling a consultation with one or more collaboratively trained attorneys to determine who is the best fit.

The collaborative attorneys work together to assemble a team of neutral professionals that best fits the family's needs. Every collaborative case includes one or more neutral professionals, and additional specialists may be included depending on the issues involved. The attorneys recommend experienced collaborative professionals who are trusted by both attorneys to serve as neutral members of the team. If either party has a conflict of interest or another legitimate concern regarding a proposed professional, a different neutral can be selected.

Sometimes. The answer depends on the nature and severity of the substance abuse and whether both parties are able to participate safely, honestly, and in good faith. In some cases, the collaborative team can address these concerns by incorporating appropriate safeguards and involving additional professionals when needed. A collaboratively trained attorney can help determine whether the process is appropriate for your circumstances.

It depends on the circumstances. Collaborative divorce may be appropriate in some cases involving past domestic violence, but it is not suitable if either party cannot participate safely or voluntarily. The safety of everyone involved is the highest priority. A collaboratively trained attorney can help assess whether the collaborative process is appropriate and whether additional safeguards or accommodations are available.

Yes, in many cases. Having a mental health condition does not automatically prevent someone from participating in the collaborative process. The important consideration is whether both parties are able to participate meaningfully, make informed decisions, and negotiate in good faith. Depending on the circumstances, the collaborative team may recommend involving additional professionals or implementing strategies to support the process.

Yes. Collaborative divorce is a voluntary process that requires both spouses to agree to participate. Either spouse may begin by consulting with a collaboratively trained attorney or other collaborative professional to learn more about the process, but both parties must ultimately commit to resolving their issues outside of court through the collaborative process.

Yes. Collaborative divorce is often well-suited for cases involving closely held businesses, professional practices, or other complex financial interests. A neutral financial professional or business valuation expert can help gather information, value the business if necessary, and evaluate settlement options.  This team approach often reduces disputes and allows the parties to make informed decisions while protecting the ongoing operation of the business.

Yes. One of the core principles of collaborative divorce is full, transparent financial disclosure. A neutral financial professional helps gather, organize, and explain the family's financial information so that both parties understand their financial circumstances and can make informed decisions. The goal is to ensure that both spouses have equal access to the information needed to reach a fair resolution.

Yes. In fact, many parents begin the collaborative process with significant disagreements about parenting issues. The collaborative team helps parents improve communication, explore solutions, and develop a parenting plan that meets the unique needs of their family. When appropriate, a facilitator or child specialist can provide additional guidance to help parents focus on their children's best interests.

Yes. One of the primary goals of collaborative divorce is to resolve all issues through voluntary agreement rather than litigation. While no process can guarantee settlement, the vast majority of collaborative cases are resolved without the need for a trial. If the collaborative process is not successful, the parties transition to new attorneys before pursuing litigation or another dispute resolution process.

Collaborative divorce can be effective even when the relationship has been difficult. The collaborative process includes structured meetings, professional guidance, and a team approach designed to improve communication and promote balanced participation. However, the process requires both parties to participate voluntarily and negotiate in good faith. A collaboratively trained attorney can help determine whether collaborative divorce is appropriate based on the specific circumstances of your case.

No. You continue to have your own attorney throughout the collaborative process, and your attorney advises you regarding your legal rights and responsibilities every step of the way. Choosing collaborative divorce simply means that both parties commit to resolving their issues outside of court whenever possible, rather than through litigation. The goal is to reach informed, durable agreements—not to require either party to compromise their legal interests.

This requirement is one of the defining features of collaborative divorce and is designed to support the success of the process. Because the collaborative attorneys and neutral professionals know they will not continue into litigation, they can focus exclusively on helping the parties reach a fair and durable settlement rather than preparing for trial.This shared commitment encourages open communication, creative problem-solving, and cooperation. It also eliminates the possibility that either attorney is using the collaborative process as a strategy or stepping stone to litigation.Although changing attorneys may seem unusual at first, most people find that the benefits of having a team fully committed to settlement far outweigh this possibility. In fact, the vast majority of collaborative cases are successfully resolved without the need for litigation.