Collaborative Divorce

Collaborative divorce is a way to end a marriage without handing the decisions to a judge. Each spouse has their own collaboratively trained attorney, and everyone, spouses and lawyers alike, signs a written participation agreement committing to resolve the case through open negotiation rather than litigation.

How the Process Works

• The participation agreement. Both spouses and the attorney sign an agreement that sets the ground rules: full and voluntary disclosure of information, respectful communication, and a commitment to stay out of court.
• Collaborative meetings. The spouses and their attorneys meet together to identify the issues, gather information, and work through options.
• A team, when it helps. Depending on the family’s needs, the team may include a neutral financial professional to organize finances and model settlement options, a child specialist to help design a parenting plan around the children’s needs, and a coach to help the spouses communicate productively.
• A final agreement. Once everything is resolved, the attorney prepares the settlement documents and submit them for the court’s approval.

The Key Commitment

If the collaborative process breaks down and either spouse decides to go to court, both collaborative attorneys must withdraw, and each spouse hires new counsel for the litigation. This gives everyone at the table a strong reason to keep working toward agreement. It also means that a failed collaborative case can add cost, which is one reason it is important to decide carefully whether the process fits your situation.

Is Collaborative Divorce Right for You?

Collaborative divorce tends to work well when both spouses:

• Want to keep their private and financial matters out of a public courtroom
• Are willing to be completely transparent about finances
• Can communicate, even if it is difficult, and want to protect a co-parenting relationship

It is usually not a good fit when there has been domestic abuse, when one spouse is intimidated by or financially dependent on the other in a way that prevents fair negotiation, or when there is reason to believe assets are being hidden. In those situations, the protections of the court process matter.

Frequently Asked Questions

Is collaborative divorce cheaper than going to court?

Often, but not always. Most litigated cases also settle before trial, and adding neutral professionals to a collaborative team has its own cost. The biggest savings usually come from avoiding prolonged conflict and minimizing the number of attorneys involved.

How long does it take?

The pace is largely up to the spouses. Because there is no waiting on court dates, many collaborative cases move faster than litigated ones, but Nebraska’s 60-day minimum waiting period still applies.

Is it confidential?

The participation agreement typically requires that settlement discussions stay confidential and not be used in court if the process ends. We will explain exactly what the agreement covers before you sign it.