Online Payment Contact Us
Family Law

COVID Has Brought Your Marital Issues to a Head; is a Collaborative Divorce Right for You?

Jamie Polito Johnston
May 17, 2021

More and more couples are opting for a process called a “Collaborative divorce” when their marriage is at an end.  At its core, Collaborative Divorce is a dispute resolution process that asks each party to determine his/her goals, interests, and priorities for the divorce process which are then openly discussed and used to form the basis for reaching agreements and a final resolution about which both parties feel good. Of course, there will always be some compromise, but the overarching goal is to reach a place that feels like a fair and harmonious resolution for both parties.

The process is fairly straightforward, but has a few requirements:

  1. Both parties must be represented by Collaboratively trained attorneys.
  2. Both parties must enter into a written Collaborative Participation Agreement, which embodies the key principals of the Collaborative process and the parties’ intent to abide by those principals. By signing the Participation Agreement, the parties agree that they will not go to court and that they will engage in the process in good faith and will fully disclose all of their income, assets and liabilities.
  3. Both parties must agree to terminate representation by their Collaborative attorneys if the Collaborative process ends without a final agreement being reached. This provides the protection for both parties to really discuss the issues at hand without a concern that their discussions will be later used against them if the Collaborative process ends and the parties find themselves litigating their divorce case in court.

In addition to the key differences from a litigated process, all parties agree to engage in an open, honest exchange of information, where they pledge not to take advantage of mistakes or inadvertent omissions.  Instead, these issues are addressed, acknowledged, and corrected.

Further, because it is in many ways a “joint effort,” the Collaborative process can often be less expensive than a litigated process and the parties are insulated from run-away legal fees.

Finally, and perhaps most importantly, a large focus of the Collaborative process is on the children and shielding them from any conflict in the divorce.  Professionals called a Parenting or Divorce Coach, or a Child Specialist, are used to guide parents toward resolving custody disputes in their children’s best interests.

Of course, the biggest difference between the Collaborative Divorce process and litigation is that you and your spouse, not a Judge, are in full control of the details of your settlement.

If you would like to explore the idea of a Collaborative Divorce, the Family Law Practice Group at Lasher Holzapfel Sperry & Ebberson has several attorneys trained to assist you in Collaborative Law.  Please feel free to reach out to Jamie Polito Johnston or Tara Richardson.

 

 

Jamie Polito Johnston
May 17, 2021

Insights from Family Law

Gray Divorce, Strangers, and Why So Many Long Marriages Are Ending Now

In recent years, divorce has been quietly changing. While divorce rates among younger couples have declined, divorce later in life—often called “gray divorce”—has risen steadily, reshaping how families, finances, and futures are untangled. That shift is now firmly in the public spotlight, in part due to the widespread reaction to Strangers: A Memoir of Marriage, […]

Read More
Rethinking Parenting Plans: Aligning Process with Co-Parenting Success

Divorce is more than a legal process. When children are involved, it can mark a profound transition in family structure, roles, and responsibilities. A parenting plan is one of the most important outcomes of that transition. It defines how children will spend time with each parent, how major decisions will be made, and how future […]

Read More

150

Years of combined experience

Best Law Firms

Ranked regionally in 10 practice areas in the 2025 edition of Best Law Firms®

Band 1

In the Chambers Global High Net Worth Guide in Family/Matrimonial Law

Trusted Legal Support for Your Business and Family

Our experienced Seattle attorneys provide strategic legal guidance for businesses and individuals. Whether you are navigating a complex transaction or facing a sensitive family law issue, we are here to help each step of the way.

Contact Us