Even prior to COVID-19 court closures, families chose the out-of-court, Collaborative Divorce Process to maintain control over decision-making and confidentiality of their divorce matters. This Process has always been client-centered and a more respectful, humane way to resolve conflict and de-escalate the natural tension that comes along with a major life transition like divorce. Most important during uncertain times like these, the couple will control the timeline of the Process and they do not need to depend on the court system.
From the outset, the Collaborative Divorce Process is geared toward settlement. Each spouse will retain their own collaboratively trained attorney (*note: an active collaboratively trained attorney in MI will have a “Member in Good Standing” Badge with the current year displayed on their website, letterhead, and/or in their e-mail signature lines). Then, the spouses and their attorneys will sign a Collaborative Participation Agreement (“CPA”) which outlines the Process guidelines and confirms the couple’s commitment to the Collaborative Divorce Process. Other team members may be added, as agreed upon, including a financial neutral; mental health professionals (aka divorce coaches); child specialist; business valuator, and any other helpful professionals for the family’s unique circumstances. The Team will hold as many settlement meetings as needed to generate options and reach a full and final, confidential, binding settlement agreement. In between Team settlement meetings, the couple may meet with their divorce coach re: the co-parenting relationship, parenting time plan, etc. and the financial neutral to gather any and all relevant financial data to create budgets and assets & liabilities spreadsheets. In the end, the family will have a tailored and long-lasting resolution, preventing the need for post-judgment issues.
With the COVID-19 outbreak, families can still proceed with the Collaborative Divorce Process and it can function effectively. Team meetings are held via videoconferencing. The team professionals can still meet frequently via phone and/or video conferences to discuss progress and next steps for the couple. Documents can continue to be shared electronically, as they were prior to COVID-19.
In the end, when a final settlement agreement is reached, the Team will help the couple navigate entry of all final documents through the court system (which may also be through Video conferencing depending on the length and severity of the COVID-19 outbreak). While the courthouse restrictions change on a daily basis, the Team will stay up-to-date and guide the clients to the finish line.
As a collaboratively trained attorney and family law mediator, my goal is to move families forward in a respectful and peaceful atmosphere by utilizing out-of-court, client-centered problem-solving methods. Please do not hesitate to reach out for direction related to your specific circumstances (734) 531-8554 or jessica@mifamilylawfirm.com.