Collaborative Divorce
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What is Collaborative Divorce Law, and is it the right approach for you?
Collaborative law is a relatively new process in alternative dispute resolution, developed primarily for family law and divorce cases. The collaborative process seeks to protect spouses and families from tense and adversarial divorce proceedings by promoting open and productive communication. Parties are empowered by a professional team to resolve their disputes by agreement outside of court and promote mutually beneficial problem-solving tactics.
The collaborative process begins when each party agrees to collaborate on the divorce agreement outside of court. The parties will then sign the participation agreement that outlines the goals and scope of the matters to be addressed along with the responsibilities of all signatories to the agreement. Each party must be represented by an attorney, but barring extremely limited and rare instances the attorneys’ representation is limited to the collaborative process along with the preparation of any paperwork needed to process an uncontested legal divorce. This limitation on the representation arrangement allows both parties to feel assured that both attorneys are committed to working together to help clients come to an agreement. If the parties cannot come to an agreement or choose to terminate the collaborative process in lieu of court proceedings, the collaborative attorneys cannot represent the parties in the following court proceedings. The collaborative process aims to find a “win-win” outcome, and by limiting the scope of the attorneys’ representation, there is no fear that an attorney will threaten litigation or give an ultimatum if parties are struggling with the collaborative process.
Once the parties agree to enter the collaborate process and have their collaborative attorneys, a neutral “team” will be created, and that team will be present throughout the negotiations to assist in the conversation and resolution. This team may include a divorce coach, mental health professional, child specialist, and/or a financial specialist. A divorce coach or mental health professional can help parties navigate the emotional aspects often involved in a divorce. These team members can help parties cope with stress and effectively communicate their personal goals and needs. The child specialist helps ensure the child or children are a priority in the divorce process. This team member can meet individually with the children to help them express their feelings about the divorce and come up with creative solutions to create the best outcome for the whole family. Finally, the financial specialist can help protect each party’s financial interests and expectations while promoting feasible options for the agreement. This significantly helps to create a settlement agreement that will continue to be effective and sustainable for all parties.
Schedule a consultation today to determine the best strategy for reaching your goals.
This collaborative, team-based approach works best when parties maintain open communication and share all relevant information. These mutually beneficial solutions require disclosure of information so each party’s needs and goals can be fully recognized and developed in the agreement. Collaborative law can create a fully mutual agreement without involving courts and adversarial proceedings. This approach allows the parties to be involved with what happens to them, their relationships, and their children during a divorce, all while maintaining effective and amicable communication.
Joanna Foard has completed the training necessary to practice collaborative law. Contact her today to schedule a time for a consultation so she can help you decide if collaborative law is right for you and your situation. Contact her today to see how she can help you.
Excellent and timely representation
Ms. Foard assisted with a prenuptial agreement and provided excellent service in an efficient and friendly manner. I am exceedingly pleased with the quality of the representation. She also did not engage in any type of bill inflation and was exactly on point with her initial costs estimates. Thank you very much!
She Didn’t Just Represent Me—She Looked Out for Me!
I just want to say I’m truly grateful for the way Joanna handled my case. She was thoughtful, patient, and sharp—really on top of things from start to finish. What stood out to me most is how she stayed ahead of issues before they even had a chance to become problems, and made sure my needs were always taken care of. Going through a divorce isn’t easy, but having someone in your corner who genuinely cares and knows exactly what they’re doing makes all the difference. Joanna isn’t just an excellent attorney—she’s a good person, and that meant a lot to me. I also appreciate the strong team she put together, which delivered ahead of schedule, on little notice. Thank You!!
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I recently consulted with Joanna regarding my potential divorce, and I cannot say enough positive things about my experience. From the very beginning, she was warm, approachable, and genuinely understanding of the difficult and emotional circumstances I’m facing. She took the time to really listen to my concerns, especially as they relate to my children, and made me feel heard and supported. At the same time, it was clear that Joanna is a fierce and capable advocate. She demonstrated a deep knowledge of the legal issues that could arise given my specific situation and thoughtfully walked me through the process, potential challenges, and realistic expectations. She explained everything in a way that was clear and reassuring, without minimizing the seriousness of what lies ahead.
Cannot recommend Joanna more highly
From the start, I knew Joanna was the right fit. She was firstly very responsive at a time of high anxiety for me. Joanna never pushed me to choose the most costly solution, she made recommendations that were tailored to my situation instead. She listened very carefully to all of the details, including my thoughts and feelings on the matter and was able to expertly guide and advise me to make clear decisions. Having her by my side made me feel confident during an extremely difficult time.
Excellent and timely representation
Ms. Foard assisted with a prenuptial agreement and provided excellent service in an efficient and friendly manner. I am exceedingly pleased with the quality of the representation.
She Didn’t Just Represent Me—She Looked Out for Me!
I just want to say I’m truly grateful for the way Joanna handled my case. She was thoughtful, patient, and sharp.
Hire Her
I recently consulted with Joanna and had an excellent experience. She was warm and knowledgeable.
Cannot recommend Joanna more highly
From the start, I knew Joanna was the right fit. She was responsive and guided me clearly.