Cooperative Family Law is a structured, out-of-court approach to divorce and parenting matters that Misty Gaubatz and Ashley Hurlbert co-developed in Western Montana. Instead of two spouses fighting through contested hearings, both parties, each with their own attorney, work through a series of focused meetings toward a written agreement they both can live with. Here is what that actually looks like, step by step.
Step 1: Your Free Consultation
Everything starts with a conversation. We learn about your family, your finances, and your goals, and we explain honestly whether the cooperative approach is a good fit. Not every case is, and we'll tell you if litigation or mediation would serve you better. As a Certified Mediator, Misty Gaubatz has guided numerous Montana families through this exact decision.
Step 2: Each Spouse Retains Their Own Attorney
This is what sets the cooperative model apart from sitting down at the kitchen table alone. Both parties have independent legal counsel throughout. Your attorney protects your interests and makes sure any agreement is fair and fully informed. You are never negotiating without someone in your corner.
Step 3: The Participation Agreement
Both spouses and both attorneys sign a written agreement committing everyone to the same ground rules: honest, complete disclosure of finances; respectful communication; and a good-faith effort to resolve issues without litigation. This shared commitment is what keeps the process productive.
Step 4: Full Financial Disclosure
You exchange complete information about income, assets, debts, and expenses. Because both sides agree to transparency up front, you avoid the expensive, adversarial “discovery” battles that drive up the cost of a contested divorce. Where valuation is complex (a business, retirement accounts, or real property), we can bring in neutral experts whom both parties trust.
Step 5: Structured Negotiation Meetings
In a series of focused sessions, the four of you work through the real questions: how to divide property and debt, a parenting schedule, child support, and any spousal support. Because the tone is cooperative rather than combative, these meetings tend to move quickly and produce solutions tailored to your family rather than a one-size-fits-all court ruling.
Step 6: A Parenting Plan That Centers Your Children
If you have children, the parenting plan is often the heart of the process. The cooperative approach is built to keep conflict away from kids and to produce a workable, durable schedule. Learn more on our Cooperative Parenting Plan page.
Step 7: The Written Agreement & Final Decree
Once you reach agreement, we put the terms into the formal documents Montana requires and submit them to the court for the final decree of dissolution. Because the substance is already settled, this stage is typically smooth, no contested hearing, no surprises.
Why the Process Works
Cooperative Family Law works because it aligns everyone's incentives toward resolution instead of conflict. You keep control of the decisions about your children and your future, you protect your privacy, and you spend your money on solving problems rather than fighting. For most families, that means less stress, a faster timeline, and an outcome both people can actually honor.