Divorce is often adversarial. Spouses fight with each other to secure terms that they think are best for them but not necessarily for the entire family, especially children. The adversarial approach to divorce can be cathartic for those with intense emotions, but it can also be chaotic and expensive.
Many couples instead choose to pursue low-conflict divorce. Collaborative divorce is one low-conflict option couples may want to explore. In a collaborative divorce, spouses agree not to litigate, and instead to work constructively to resolve their marital disagreements. The following are some of the potential benefits that inspire many spouses to pursue collaborative divorce.
A commitment to the process
Many spouses begin divorce proceedings by promising to cooperate, only to revoke that promise later. One spouse may convince the other they want an amicable divorce and may then hire a lawyer at the last minute to gain the upper hand. In collaborative divorce proceedings, both spouses have their own legal representation. They also sign a contract committing themselves to the collaborative process. They commit to resolving matters outside of court rather than litigating.
Control over the outcome
In a litigated divorce, judges make decisions instead of allowing the parties to decide what is best for their family. The judge decides how to divide their property and decides what the parenting time will be. In a collaborative divorce, spouses negotiate to find their own solutions for the major decisions in their divorce. Each spouse has the opportunity to prioritize the terms that matter most to them and to compromise in areas that seem less important.
Lower overall expenses
Collaborative divorce involves working with other professionals in addition to the lawyers. A parenting specialist helps determine reasonable terms for custody arrangements and parenting time. Despite those additional expenses, collaborative divorce is less expensive than litigated divorce, as time in court is one of the biggest contributing factors to the overall cost of divorce proceedings. Spouses who settle their disputes outside of court can limit their total divorce costs more effectively than those who require litigation.
Exploring collaborative divorce and other alternatives to litigation can be beneficial for those who want to protect their privacy or limit conflict during their divorce proceedings. Collaborative divorce works for couples who are willing to resolve their disputes without the cost and stress of litigated divorce.