by Members of the Collaborative Family Law Association

Anyone who has ever gone through a divorce knows all too well the impact that divorce can have on the separating spouses and family members – especially the children. Even in the best circumstances, divorce can bring out the worst in people; but, it doesn’t have to end that way.

A new alternative to the adversarial method of divorce is the collaborative approach, which involves a highly specialized process of negotiating and settling family issues without going to court. The collaborative method requires both parties to retain an attorney who practices Collaborative Family Law.

In St. Louis City and County and St. Charles County, there are currently 24 attorneys who have pledged a cease-fire on traditional tactics of how to advocate for a client. All of the attorneys are members of St. Louis’ Collaborative Family Law Association formed in January 2003. “Collaborative Law attorneys have chosen to provide divorcing couples a more positive approach to ending their marital relationship, which is also less costly, less emotionally stressful and a more efficient means to an end,” says Gregory Brough, attorney and member of the Collaborative Family Law Association.

Collaborative Family Law was initiated in Minnesota in 1990 by an experienced divorce attorney, who, out of frustration with the legal processes, created an alternative way to resolve family conflicts. Since then, Collaborative Law has begun a revolution in the practice of family law, and is spreading across the United States and Canada.

The process of Collaborative Law is simple, yet effective. It’s also a process for couples that want to take responsibility and ownership of their problems and issues, as well as their families.

“When the marriage is over, the positive adjustment of the children is most dependent on the parents’ ability to work cooperatively after the divorce,” says Alan Zvibleman, attorney and member of the Collaborative Family Law Association.

A set of principles and rules has been created that enable couples to maximize their focus on cooperation. They are:

But what makes Collaborative Law different from other divorce methods is the process as well as the outcome. In the adversarial method of divorce, the parties have little control over the process or the outcome. Financial information is gathered through an expensive, formal discovery process, where the focus is on proving the case rather than on planning for the future, and the timing of the case is based on the court’s calendar. Often settlements are not reached until the costs of litigation have been incurred, the damage of assessing blame has been done, and a trial is imminent. If the couple cannot agree, the judge makes the final decision for the parties.

In Collaborative Law, all relevant financial information is exchanged informally, and the proceedings are scheduled at the convenience of the parties. Unlike the adversarial method, the attorneys work together with the divorcing couple to find solutions that both can agree upon to meet the needs of both parties.

Moreover, in a Collaborative Law settlement, couples walk away in agreement without the fighting and emotional damage often associated with a conventional divorce. While many divorcing couples relish the thought of “their day in court,” the fact is that most divorces, collaborative or not, end in a settlement. The collaborative approach allows the parties and the attorneys to devote their energy and their resources to reaching that settlement in a problem- solving manner rather than spending time and money preparing for a trial that will most likely not occur.

Currently, Collaborative Law is practiced to resolve issues concerning:

While the days of court battles and lengthy litigation are far from gone, the practice of Collaborative Family Law may be what society needs to help families ease the pain of divorce and move forward to a healthier ending of a marriage. Otherwise, the marriage could end with resentment and higher than necessary emotional and financial costs to the family.

Each Collaborative Law attorney is associated with a local law firm and practices primarily in the area of family law. If you would like more information about the Collaborative method, contact:

Collaborative Family Law Association
1200 South Big Bend Blvd.
863-0033
www.collaborativefamilylaw-mo.org

This article is included for general information purposes only and does not constitute legal advice. The reader should consult qualified legal counsel to determine how laws apply to specific situations.

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