Ask the Expert: Attorney Sandra Young on Collaborative Divorce

When Naperville attorney Sandra Young joined the Go West Mompreneur Directory, I noted that one of her main focuses was "family law/collaborative practice." It's a sad reality that a Go West reader -- or her sister, friend or neighbor -- will likely be faced with a divorce in the coming year. I asked Sandra to write an article explaining the process and benefits of collaborative divorce, so that readers dealing with the dissolution of their marriage can better understand one option open to them. -- Tara

There is a right way to divorce and then there is the wrong way. We’ve all heard horror stories from people who have been through a destructive divorce. It is time to take the animosity, hostility and aggression out of the equation and move forward with warmth and support.

Photo by kanthalion on Flickr.If you are considering a divorce or having difficulties with your ex-spouse post-divorce, then you owe it to yourself and your family to learn more about collaborative law.

Collaborative law is client-centered and is settlement-focused. Approximately 95% of all divorces cases are settled without a trial in court. Save yourself time, money and the emotional distress - invest the time to determine what the best solution is for you and your family. When you are involved in a collaborative case, your concerns and well-being are at the center of the discussion.

Collaborative law is different than traditional litigation; each spouse hires separate attorneys that have been collaboratively trained. The two spouses and their attorneys then work as a team to settle the issues. Through a series of team meetings, we work hard to get the best resolution possible. The team is able to brainstorm and customize the agreement to meet your family’s needs holistically; then all the necessary court documents are drawn up and signed. Only when there is a complete agreement will the case be filed. The attorneys only have to go to court one time to have the divorce finalized. That means no unnecessary court appearances and lots of money saved on attorney fees that would have been wasted giving status updates to a judge or fighting over discovery issues in a typical litigated case.

The Participation Agreement is a basic tenet of Collaborative law. This is what makes a collaborative case different than any other type of case out there. The Participation Agreement is signed by the parties and their attorneys. It commits the parties to participating openly and honestly to the collaborative law process; use good faith in our discussions; requires that each party fully disclose any relevant information without resorting to formal discovery through the court system; and finally, if either spouse wants to leave the collaborative process, then both attorneys must withdraw and both spouses then have to start over with new attorneys who will then litigate the case.

A team approach is used to iron out the details. Oftentimes, the teams consist only of the attorneys and the clients. Sometimes it is helpful to have a subject matter expert join the team. For instance, the attorneys may recommend that a financial neutral professional help with the budgets and give different scenarios on the division of assets or debt. This makes sense because the financial neutral professional specializes in this, bills at a lower hourly rate than the attorneys, and there is one neutral professional instead of the two attorneys billing this work. Another member of the team might be a child specialist. This person talks to the children and reports back to the team on how the divorce is impacting the children and what can be done to minimize its effects. Lastly, a divorce coach might be needed to help one or both spouses prepare for the separation and be able to move forward.

As you can tell, the entire focus of a collaborative case is on the parties to decide what is best for the future of the family with the guidance from the rest of the team. Your concerns and needs are addressed and we find a workable solution for all involved. We settle the case with no court involvement saving you money on legal fees and the aggravation endured in a typical case. You have the ability to work out a solution rather than battling it out in court, racking up huge attorney fees and then having a disinterested judge determine what is best for you and your children.

Sandra Young is an attorney in Naperville with a focus on family/collaborative law, real estate and estate-planning. She is a member of the Collaborative Practice Professionals of Illinois and the International Academy of Collaborative Professionals. Young is dedicated to helping families during this difficult time of transition. She can be reached at 630-853-6981 or by email at sandra@younglawpc.com.