FREQUENTLY ASKED QUESTIONS

Collaborative practice is not limited to divorce. Many other family law matters can be resolved collaboratively when both parties are willing to work together outside of court. These may include legal separations, parenting plans, child support or spousal support agreements, pre- or post-marital agreements, property or financial restructuring, and post-divorce modifications. As long as both parties commit to open communication and full transparency, many family-related disputes can be handled through a collaborative approach.

Because divorce involves legal, financial, and emotional considerations, collaborative practice can include a team of professionals such as attorneys, financial specialists, mental-health professionals, and divorce coaches. Each brings expertise to help couples navigate this process efficiently.

Collaborative divorce allows couples to maintain greater control over the outcome rather than leaving decisions to a judge. The process is private, focuses on respectful communication, and encourages solutions tailored to each family’s needs. Collaborative divorce often reduces conflict, protects children from adversarial litigation, and promotes long-term cooperation between co-parents. It may also be more time-efficient and cost-predictable than traditional court-based divorce, especially when parties work openly and in good faith.

In a traditional divorce, each couple hires their own attorney and presents their case to a judge in court if they cannot reach an agreement. In a collaborative divorce, both spouses commit to resolving all issues outside of court. Each spouse still has their own attorney, but the process focuses on cooperation, full transparency, and interest-based problem-solving rather than adversarial litigation. Neutral experts may also be involved to support financial, parenting, or communication needs.

No. During a collaborative divorce, each spouse is represented by their own attorney, and all participants work together in a series of meetings to reach mutually acceptable solutions. In mediations, the couple hires one neutral mediator to facilitate discussion and does not represent either spouse.

Collaborative divorce may be a good fit if both spouses value privacy, want to maintain control over the outcome, and are committed to resolving matters respectfully. It is generally best for couples who can communicate openly and are willing to work toward solutions without litigation.

Collaborative divorce may not be appropriate if either spouse is unwilling to commit to open communication and full disclosure, or if there is a significant power imbalance, ongoing high conflict, or concerns about safety. If one spouse is unwilling to negotiate in good faith or refuses to participate in the process, litigation may be necessary.

The first step is to contact a collaboratively trained attorney. You can use the NMCPG directory to identify professionals in your area. An initial consultation will help you understand the process, assess whether it is right for your situation, and begin assembling the appropriate team.

While timelines vary depending on the complexity of the case and the couple’s willingness to work together, many collaborative cases resolve more quickly than traditional litigation. At NMCPG, a majority of our cases are resolved in as little as 9 months.

One potential drawback is that if the collaborative process breaks down and either spouse decides to pursue litigation, both collaborative attorneys must withdraw, and the spouses must retain new counsel for court. This can increase time and cost if an agreement is not reached. Additionally, collaborative divorce requires full cooperation. If one spouse is unwilling to participate openly, the process may not succeed.

Collaborative divorce is often comparable in cost to traditional divorce and may be less expensive when parties work efficiently and negotiate in good faith. Because the process avoids court appearances and focuses on problem-solving rather than litigation, many couples find that collaborative divorce offers more value and predictability.

You can browse our directory of trained collaborative professionals to find attorneys, financial specialists, and mental-health professionals who are qualified to assist with your case. You may contact any professional directly to schedule a consultation, or you can call NMCPG to discuss your needs, and we’ll recommend the best professional for you.

Once all issues are resolved, the collaborative attorneys prepare the final settlement documents. These are filed with the court for approval, typically without a hearing. When the court enters the final decree, the divorce is legally complete.