Role of Attorneys in Collaborative Process

The attorney’s role in the collaborative divorce process is to  advise, educate, encourage and support the client.

The attorney will also prepare the collaborative participation agreement, make sure the client understands the collaborative process, and suggest other necessary neutral experts such as the financial expert and the child expert or mediator/facilitator.

The attorney helps the client understand their obligations to create an accurate financial affidavit of expenses, assets and debt and to disclose current documents that back up the assets and debt.

The attorney works with the attorney for the other collaborative client to problem-solve and create options for settlement when all the information has been gathered.

The attorney will also draft the temporary agreements reached and the final documents including the final separation agreement to be filed with the Court.

The attorney is hired specifically to help the client settle the case in a fair manner to all parties and is prohibited from litigating the case.

The attorney also makes sure that each side is heard and that the needs of both sides are considered.