
One Couple’s Story
A Creative Parenting Solution
The scenario. Hank and Carol were married 19 years and had two teenage sons.
What Hank wanted. A divorce that caused minimal changes for his family
What Carol wanted. A familiar home and a predictable income for herself and the boys.
What happened. Hank agreed his family could stay in their home until the boys finished college. He would continue to hold the property jointly with Carol and pay for maintenance and repairs. When the boys graduated and the house went up for sale, Hank and Carol would deduct his maintenance expenses from the proceeds and divide the profit in half.
Kimberly’s analysis. Not only were both husband and wife pleased with this agreement, but the kids were able to continue with their regular routine. Hank’s support checks were reduced because he paid only actual house expenses as they came up, as opposed to an estimate of possible monthly expenses. Carol was pleased because she could depend on Hank for predictable monthly payments and not have to budget for costly repair work. Collaboration was crucial here. The court would not have been able to make such a mutually satisfactory agreement, because it involved a continuing relationship between a divorced couple.
Definition
Collaborative divorce is an increasingly popular, alternative form of dispute resolution. Each spouse engages a lawyer, then the four of them agree in advance not to go to court. Together, they sit down and draw up a legal settlement.
Advantages
• Ensures your concerns are heard
• Places the needs of children first
• Focuses on the future rather than the past
• Makes all information available to all participants
• Lets you control the frequency and pace of meetings
• Promotes good faith and respect
• Tends to cost less than a court divorce
Process
• Typical case takes four sessions of 2 to 2 ½ hours each
Session 1: setting goals
Session 2: gathering information
Session 3: creating options
Session 4: making decisions
• You receive written minutes after each session
• If necessary, you also receive assistance from outside professionals – such as a financial advisor or social worker
Cost
• You pay an up-front retainer
• You control the total fee by controlling the number of sessions