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• Feb 26, 2008 8:36 pm US/Eastern
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  More Couples Turning To Collaborative Divorces

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More Couples Turning To Collaborative Divorces

PITTSBURGH (KDKA) ― Divorce is painful reality for many couples.
 
The process, which is traditionally litigated in a courtroom, can now be less hostile thanks to a collaborative divorce.

"We like to say it's divorce with dignity," said collaborative lawyer Bernadette Staroschuck.

It's divorce without the judge.

The collaborative divorce takes that third party out of the process and keeps control strictly in the hands of the couple.

At the start of the collaborative divorce process, both parties and their lawyers sign a participation agreement.

Essentially it guarantees conduct through the procedure and can also lay out the specific terms of the divorce.

The participation agreement is the document that sets forth the collaborative divorce.

Many more divorcing couples are discovering this option as they look for peaceful and sometimes quicker ways to divorce.

"It's basically self directed," said collaborative lawyer Jackie Stevens. "The attorneys sit there as advisers. That's their sole purpose."
 
Jackie Stevens represents Amy Toohey in Toohey's divorce of her husband of 28 years.

The Tooheys started in litigation but ended up in mediation.

"It has more flexibility, I think," said Amy Toohey.

Al Toohey is represented by Staroschuck.

"It's a very rational way of doing things," said Al Toohey. "It's not as dramatic as other processes."

The couple is hashing out a financial arrangement since one of their two adult children is still in college.

Tailoring their finances to their exact preferences is one benefit of going the collaborative way.

"We are able to say, here's Christmas, here's this and that," said Amy Toohey. "We've been able to have things more fluid than if we had a set amount of dollars going in whatever direction."

And even the room where Staroschuck practices promotes openness.

A round table, coffee and snacks provided at each meeting.

It's all an effort to keep the conversation flowing and calm.

But collaborative divorce isn't the way to go for everyone.

"If you know you're going through a particularly contentious divorce and your spouse is not going to agree, if they've led to believe all along that this is going to be ugly, then this is probably not the best approach for you," said Whitney Hughes of the Allegheny County Bar Association. "Make sure you know what your expectations are and the other party's, and make sure you're realistic about that as well."

There are some things to keep in mind if you're considering divorcing collaboratively:

1. If you can't hash it out in collaboration, you'll be sent back to court to litigate with a judge.
2. Hourly billing: It's the same as if you were in court. But since you determine the pace of your case, theoretically, cost savings can be a reality.
3. The process works best for amicable couples.

There are currently 29 lawyers practicing collaborative law in Allegheny County.

For more information on collaborative law, visit www.clasplaw.org

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