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Collaborative Divorce

What is collaborative law?

Collaborative law is one of the available options for resolving a divorce matter. It is an alternative to litigation, mediation and arbitration. This process seeks to divorce spouses with minimal economic, social and emotional negative consequences to the parties and their family.

In the collaborative process, each spouse retains a collaborative attorney to advocate for his or her interests. The parties and their attorneys sign an agreement which commits them to working together to derive the best agreement for them and their children without resorting to litigation. Should either party seek to commence litigation, both parties must terminate the process and their collaborative attorneys must withdraw from representation. Both parties will then have to retain new attorneys to represent them in the litigation process. Moreover, if the process is unsuccessful, the parties’ discussions, partial agreements or positions, and any document produced in the collaborative process are excluded and inadmissible in the litigation setting.

During the collaborative negotiations, parties may choose to retain collaboratively-trained, financial experts and mental health experts to assist them in creating options for resolution. Mental health experts assist the parties in effective communication and expression of ideas and may act as the voice for the children of the marriage to help to draft a custody and parenting plan. These professionals work for both parties and are retained if the need arises. If necessary, these professionals also participate in conferences with the parties and their attorneys.

How does the Collaborative Process Work?

Parties participating in collaborative divorce work together in a non-adversarial way to negotiate solutions. The parties agree to communicate effectively, respectfully and constructively, while expressing their concerns, goals, needs and ideas.

Most settlement discussions are held by all parties involved and with the assistance of financial and mental health professionals if necessary. The parties are encouraged to communicate effectively throughout the divorce process so that they can maintain a healthy relationship with each other and the family after the divorce.

The timetable of a collaborative divorce is controlled entirely by the parties. There are no mandatory court appearances and court submissions, keeping the process private, and the parties can direct the speed at which the divorce proceeds without penalties. For this reason, this process is generally less costly than litigation, although even in litigation the costs can be minimized when the parties cooperate.

For more information on collaborative law and local collaborative law professionals, please visit the following websites:

If you are interested in collaborative divorce, contact Kearns Rotolo Law for additional information.

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael