Cooperative Divorce Involves A Problem-Solving Process

As with collaborative divorce, the cooperative divorce model is client-centered and is one in which the clients determine their outcome through interests-based negotiations. In typical court issues and in most contract negotiations, each side forms positions from which negotiations or court claims commence. With an interests-based approach, each side does not form positions but seeks to pursue goals and outcomes which are not incompatible with the other side’s goals and outcomes. No demands are made. No ultimatums are issued. Each side explores how their side and the other side can be comfortable with the outcome.

Led By A Pioneer In Cooperative Divorce

In the 1990s, attorney Sheldon E. Finman, alongside Judge Hugh E. Starnes, pioneered the concept of cooperative divorce. They saw a need for a process that focused on healing rather than hostility. Their goal was to help families transition smoothly, without the acrimony that often accompanies traditional divorce proceedings. By creating this approach, they aimed to preserve family bonds and reduce emotional stress. The cooperative method emphasizes empathy and understanding. We are proud to be led by Mr. Finman, who laid the groundwork for a process that prioritizes your family’s well-being.

Cooperative Divorce Vs. Collaborative Divorce

Sheldon Finman has experienced more divorces settle with a cooperative process than a traditional divorce. Cooperative divorce and collaborative divorce share a common goal: to resolve matters amicably. However, they differ in their approach. In a cooperative divorce, you have more flexibility. While collaborative divorce requires both parties to agree not to go to court, cooperative divorce allows for judicial oversight if necessary. This means you can maintain control and privacy while still having the option for court involvement if needed. Our attorneys and lawyers work closely with you, offering guidance and support without the pressure of litigation.

Is Cooperative Divorce Right For Me?

For those unfamiliar with the innovative approach of cooperative divorce, rest assured that it is straightforward and supportive. We guide you through each step, ensuring you understand your options and feel confident in your decisions. Our focus is on calming your concerns and providing a path that respects your family’s needs. With our experience and dedication, you can trust that we will help you achieve a resolution that honors your family’s future.

In certain complex cases, judicial involvement can prove beneficial. It provides an additional layer of oversight and ensures that all aspects of your case receive fair treatment. If necessary, the Finman law firm can represent clients in court on limited matters.

Cooperative law is practiced in various parts of the U.S. differently from jurisdiction to jurisdiction, including Massachusetts, Washington, Missouri, Indiana, Ohio and Wisconsin.

The Lee County model was created and evolved in Lee County by Sheldon Finman and retired Judge Hugh E. Starnes in the 1990s who trained other lawyers, judges and professionals in the family law system in other states in the Midwest over the past years.

In the particular cooperative model used in Lee County, with a Participation Agreement, the assigned judge and magistrate, upon request may opt to participate in the cooperative process to help move the divorce more timely through the system.

Although in collaborative divorce, the Participation Agreement is required, Sheldon Finman created a form of Cooperative law Participation Agreement, which can be used to frame parameters for the cooperative divorce model. It’s a work in progress and is revised periodically to enhance the process of cooperation, change the mindset of the parties and lawyers to focus on problem solving through dialog exploring interests and developing options seeking a maximum outcome.

FAQ: Cooperative Divorce

What exactly is a cooperative divorce?

Cooperative divorce is an out-of-court process where spouses work together, and with individual attorneys, to approach divorce in a nonadversarial manner. They can prevent litigated divorces through spousal cooperation.

In many cases, cooperative divorce requires legal representation for each spouse and the support of specialized professionals, such as parenting coordinators and financial advisors. The goal is to reach agreements for any outstanding disputes in a divorce. Spouses may be able to minimize the damage to their relationship with one another, making it easier for them to co-parent or to continue running a business together after their cooperative divorce.

How does a cooperative divorce differ from a collaborative divorce?

The main difference between cooperative divorce and collaborative divorce is the lack of a formal commitment. In collaborative divorce, spouses sign an agreement committing to the process. If collaborative negotiations fail, the spouses must retain new legal representation.

The collaborative attorneys representing them cannot assist them in a litigated divorce after a failed attempt at collaboration. In a cooperative divorce, the failure of negotiations may still lead to litigation. However, spouses can potentially retain the same attorneys.

Will we have to go to court during a cooperative divorce?

No, spouses generally do not need to litigate during a cooperative divorce. However, they may still need to attend the final hearing in family court when a judge finalizes the divorce. Litigation in family court might be necessary if spouses do not reach a settlement.

What is a Cooperative Law Participation Agreement?

A Cooperative Law Participation Agreement is a contract between spouses committing them to resolve disputes without litigation. Both parties must uphold their promises to make voluntary, thorough disclosures. They generally need to commit to open and respectful communication.

The agreement may outline how spouses intend to split costs in cases where they need to hire experts to assist them with conflict resolution. It may also impose an obligation to retain new representation if cooperative negotiations fail.

Who created the cooperative divorce model?

After more than 20 years of legal practice, attorney Sheldon E. Finman, the president of our firm, worked with retired Judge Hugh E. Starnes to create what is now known as the Lee County model of cooperative divorce. The priority was to offer a peaceful alternative to acrimonious litigation that allows couples to work together to restructure their relationships.

For More Information About Cooperative Divorce

To talk to an attorney about cooperative divorce, call us at Sheldon E. Finman, P.A., on 239-215-4952 or complete our contact form to schedule an initial consultation. Our law office is in Fort Myers, and we represent clients throughout Southwest Florida, including Cape Coral.