Cooperative Family Law

Cooperative Family Law: Frequently Asked Questions

The questions Montana families ask us most, answered honestly by the attorneys who pioneered the approach.

Written & reviewed by

Misty Gaubatz & Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. Over two decades in the practice of law focusing on family law, criminal defense, and DUI defense, with federal and state court experience and a Certificate in Mediation.

Montana Bar #122346+ years as an attorney, with over two decades working in the lawReviewed by Ashley HurlbertLast reviewed: June 19, 2026

Cooperative Family Law is still new to many Montanans, so it's natural to have questions. Below are the ones we hear most often. Misty Gaubatz and Ashley Hurlbert co-developed this approach in Western Montana, and between them they bring a Certified Mediator credential, a Certified Guardian ad Litem appointment, and ACE training to every cooperative case, so the answers here come from the people who actually built and practice the process.

If your question isn't covered below, the best next step is a free consultation. Every family is different, and the honest answer to “is this right for us?” depends on your specific circumstances.

How It Works Cooperative Divorce Cost vs. Mediation vs. Collaborative

FAQ

Cooperative Family Law: Your Questions Answered

What is Cooperative Family Law?

It's a structured, out-of-court process for resolving divorce, custody, and other family matters. Both spouses keep their own attorneys and commit, in writing, to full financial disclosure and good-faith negotiation, reaching an agreement together instead of fighting it out in contested hearings.

How is it different from mediation?

In mediation, a single neutral mediator helps you negotiate, but you typically don't each have a lawyer at the table. In Cooperative Family Law, each spouse has their own attorney providing independent legal advice throughout. See our Cooperative Divorce vs. Mediation comparison.

How is it different from collaborative divorce?

They're closely related, but collaborative divorce usually requires both attorneys to withdraw if the case ends up in court, which can raise the stakes and the cost. The cooperative approach keeps the focus on settlement without that rigid requirement. See Cooperative vs. Collaborative Divorce.

Will it really cost less than a regular divorce?

For most families, yes. Avoiding contested discovery, motions, and court hearings removes the biggest cost drivers of litigation. Our Cooperative Divorce Cost page explains why.

Do both spouses have to agree to use this process?

Yes. Cooperative Family Law only works when both parties are willing to participate in good faith. If your spouse won't engage honestly, we'll discuss other options that still protect you.

Is it right for high-conflict situations?

Sometimes, with the right structure, but not always. If there is abuse, intimidation, or a refusal to disclose finances, a different approach may protect you better. We give you a straight answer at the consultation.

What happens to our children in this process?

Protecting children is the priority. The cooperative model is designed to keep conflict away from kids and build a durable parenting plan. Ashley Hurlbert's experience as a Certified Guardian ad Litem and Misty Gaubatz's ACE (Adverse Childhood Experiences) training directly inform how we handle parenting issues.

Do we still go to court at all?

Montana still requires a formal divorce filing and a final decree, but you avoid contested hearings. Once you've reached agreement, the paperwork is submitted for the court's final order.

How do we get started?

Call 406-830-3060 for a free consultation. We'll learn about your situation and tell you honestly whether the cooperative approach is the right path.

Still Have Questions?

Call 406-830-3060 and talk it through with Misty or Ashley. The consultation is free and confidential.

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