COLLABORATIVE DIVORCE

VOLUNTARY PROCESS

Collaborative law is a voluntary process. All parties must agree to participate.  This is different from court because they do not "drag" someone into court or they are not being "dragged" into court.  Both parties want to work together for the best results.

PARTICIPATION AGREEMENT

Collaborative divorce requires a written participation agreement, agreed to and signed by both parties.  Other states have statutes about collaborative divorce.  Louisiana does not.  Louisiana of course has contract law.  We build in these already developed statutes and explain how they work and they become the law between the parties.

LAWYER

Collaborative divorce requires each party to have their own lawyer.  The lawyer provides education, advice and advocacy.

TERMINATION

Upon termination of the process, collaborative law requires both lawyers and their law firms to be disqualified from ever representing the parties in an adversarial proceeding in any matter related to the collaborative matter.  The exception is to obtain certain emergency orders to protect the health, safety, welfare or interest of a party or his or her family.

INFORMED CONSENT

Collaborative law requires both parties to give informed consent before participation in the process can begin.

DISCLOSURES

Collaborative divorce requires both parties to give timely, full, candid and informal disclosure of information. This is in contrast to getting discovery in litigation. When a party does not disclose in litigation, a motion for contempt and to compel will be filed.  Collaborative participants must both agree to share their financial documents and other documents as needed.

CORRECTION

Collaborative law requires the parties and professionals to correct known mistakes.  This is also required by Louisiana law in any kind of court process.

FAMILY VIOLENCE

Collaborative law requires the lawyers to make a reasonable inquiry regarding whether there has been family violence in their parties' relationship. When present, the collaborative process may begin or continue only if requested by the client. Additionally, the lawyer and client will determine what, if any, reasonable steps could be taken to address safety concerns.

AGREE TO RESOLVE

Collaborative divorce requires both parties to agree to the terms of an agreement for resolution. If there is no mutual agreement, the process will terminate.

PRIVILEGE

The collaborative family process provides that communication during the collaborative process are privileged.  Disclosure cannot be compelled. However, if there is child abuse, fraud, etc. mandatory reporting will occur.