The Advantages of a Collaborative Divorce

Divorce is always stressful. Traditional divorce litigation is an adversarial process that pits the spouses against each other, each trying to be the winner. In most cases, when it is all over, neither party feels like the winner. 

Although a Collaborative Divorce may not work for everyone, there are many advantages to the process. The couple works with a team of professionals to resolve their issues. They have control over the process, which provides them with the ability to be creative in a process that provides privacy.

The non-adversarial nature of a Collaborative Divorce allows the couple to move forward in their future without animosity and resentment. They are able to co-parent in a positive way. 

Collaborative Divorce Advantages 

• Team of Professionals. The spouses and their attorneys work with a team of interdisciplinary neutral professionals. There may be financial specialists, child psychologists, and mental health counselors. Each specialist works with the spouses so they can develop a parenting plan, come to an agreement about the division of property, decide on the issues of child and spousal support. The spouses rely on the professionals in each field, not their attorneys who continue to be their legal specialists. They generally split the cost of hiring the experts instead of each hiring their own.

• Control Over the Process. The spouses agree not to ask for court intervention, so they can resolve their issues without relying on the court’s schedule.

•  Privacy. In traditional litigation, every document is filed with the court, a public arena for anyone to view. Court hearings are open to the public. In a Collaborative Divorce, documents are not filed with the court and there are no court hearings. The only documents filed with the court are the initial divorce petition and answer and the final divorce settlement agreement.

•  More creativity is allowed. Collaborative professional team members assist the spouses in sharing their thoughts and feelings about what is important to them. They can customize solutions for their individual circumstances without being bound by arbitrary legal requirements.

There are many advantages to the Collaborative Divorce process over traditional litigation.  At the end of the process the goal is for the divorcing couple to feel that they were heard and that their needs were met and are equipped to move forward after the divorce ends in a positive way.