• Family Law and Collaborative Divorce

    The collaborative divorce process operatives in an atmosphere to resolve your differences in a non-adversarial manner

Collaborative family law is a process that enables you and your spouse to resolve your differences in a non-adversarial manner, and to create solutions that are best for you and your family.  The collaborative family law process can be used not only in divorce, but also in separations, before marriage with pre-nuptial agreements, paternity and during marriage with a post-nuptial agreement.

The goal of collaborative law is to minimize, if not eliminate, the negative economic, social and emotional consequences of litigation to families. Choosing collaborative law requires a commitment to resolving differences justly and equitably.

How does the Collaborative Process Work?

The process operates in an environment grounded in transparency, good faith, cooperation and professional ethics.  You, your spouse and collaboratively trained attorneys enter into a participation agreement, which commits to resolve all issues without court intervention.  This commitment to settlement is memorialized in a binding agreement signed by both parties and their attorneys at the beginning of the collaborative process.

Do you use other professionals in the collaborative process?

An advantage of the collaborative process is the use of other collaboratively trained, neutral professionals such as accountants, a facilitator usually a professional trained as a mental health therapist or other experts, where the issues may require valuation of a business, appraisals or guidance on parenting or child issues.  In the collaborative process, the parties work with a neutral professional, who becomes part of the team and provides an even-handed view of relevant information to assist in providing options for settlement.  The neutral professional or professionals are hired as part of the collaborative team.  Whether neutral professionals are part of the team is a decision you make with your attorney.

How do I get started?

You will need to call a collaboratively trained attorney, such as Ms. Pelosi, to discuss how the collaborative process can benefit you and your spouse and any unique issues that may need to be considered.  Communication is important and is often at a low point when you are contemplating divorce.  The collaborative process is uniquely prepared to help you with any issues such as communication which may be hampering parenting or presenting a roadblock to resolving certain issues.

What kind of Family Law matters can be resolved through the collaborative process?

Most if not all family matters that can be brought to court or prepared pre-suit can be resolved through the collaborative process.  This includes pre-nuptial and post-nuptial agreements, Marital Settlement Agreements, parenting plans, and child support, as some examples.

What else do I need to know about the collaborative process?

The collaborative process cannot eliminate concerns about the disharmony, distrust and irreconcilable differences which have led to the current conflict and there is no guarantee that the process will be successful in resolving a dispute.

Participants must commit to protecting the privacy, respect and dignity of all involved, including the couple, attorneys and consultants.

The process, even with full and honest disclosure, will involve vigorous good faith negotiation. Each participant will be expected to take a reasoned position in all disputes. Although participants may discuss the likely outcome of a litigated result, none will use threats of litigation or of abandoning the collaborative process as a way of forcing settlement.

An attorney’s representation in the collaborative process is limited to that process. No attorney representing a spouse in the collaborative process can ever represent that spouse in court in a proceeding against the other spouse. In the event a court filing is unavoidable, both attorneys are disqualified from representing either client.  Many see this as an advantage as the lawyers and the clients are invested in the process from the beginning.

What if the collaborative divorce process is not right for me?

Mrs. Pelosi will be glad to discuss alternatives to the collaborative divorce process that will suit your situation.

Free Consultation:  Please call (954) 797-8088 to schedule a free telephone consultation or complete the attached form and submit.

How is Collaborative Family Law different than Family Law Mediation?


Both allow the spouses to self-determine their settlement.  Professionals, be it attorneys, accountants, or facilitators (mental health therapists) assist in the parties’ determination of an agreement.

Both save attorney’s fees and other professional fees, as usually the process is shortened and preparation for high stakes hearings and trial are avoided.


Mediation can be pro se (no attorneys involved). The mediator, even if an attorney, cannot provide legal advice to the clients; Collaborative divorce process requires two trained collaborative lawyers, whose job it is to guide and advise the clients to achieve their goals.

The collaborative divorce process keeps the matter out of court altogether until an agreement is reached.

If the Collaborative process does not succeed and litigation ensues; the attorneys and other professionals must immediately withdraw from representation. The attorneys and other professionals are not motivated to litigate but to achieve the goals of the clients.  If the process breaks down, the clients must find other professionals to go to court. This is fully discussed at the first meeting.

The Collaborative process lessens the daily anxiety of litigation and an uncertain outcome in the hands of a third party (judge).

Can my spouse and I choose Collaborative divorce if we have already filed for a divorce?

Yes!  With the help of collaboratively trained lawyers for each spouse, the court case may be paused in order to achieve a collaborative divorce resolution.

Free Consultation:  Please call (954) 797-8088 to schedule a free telephone consultation or complete the attached form and submit.

The Collaborative process lessens the daily anxiety of litigation and an uncertain outcome in the hands of a third party (judge).

Negotiated Settlements without the Collaborative Divorce process:

Many family law matters, including divorce can be resolved before a case is filed in court.  Negotiated settlements are more cost effective than litigating your case in court.  You have several options before filing your case–settlement negotiations, mediation, and collaborative divorce process.