Here we explain the pros and cons of collaborative divorce.
Collaborative Divorce Pros
Collaborative divorce can be beneficial for a family because most of the time, it is less expensive and less conflict-based than a litigated divorce.
Cost Less Than Traditional Divorce
Nevertheless, it doesn’t mean that you will not ever disagree and that your talks will be the easiest. In the Collaborative Divorce Process, the conversations are a lot more likely to be civil and reasonably productive. Instead of negotiating, you are brainstorming.
Privacy is Key
Because you’re not discussing your issues in a courtroom like 90% of the population must resort to, your private life will remain private. In addition, because you’re working to collaborate with your spouse rather than to win while they lose, you are focused on productive conversations. You are not trying to shame the other person with embarrassing details.
More Flexible than Conventional Litigation
A lot of judges don’t have the energy, time, or resources to attempt to create custom settlements in their cases. They also aren’t allowed to create the types of settlements, based on the law, that you can create when you brainstorm together. When you resolve your issues on your own, you can develop ideal solutions that work in your family’s best interests. The judge can still issue an order confirming the settlements you agreed upon, but the judge can’t dream up anything original without risking an appeal.
Reduction of Post-Divorce Litigation
In a litigated case, the back and forth usually doesn’t stop after the divorce. It continues for years after the divorce, as you battle over changes in parenting time, support, and other parental matters. We see families litigate cases for a decade or more after a divorce in court. In litigated cases, you might have to go back to court to attempt to enforce specific details of your divorce ruling. In Collaborative Divorce, because you both created your agreement, there is a less chance of fighting over it afterward.
Cost Reduction in Litigated Cases
Discovery is one of the most expensive parts of divorce litigation. Because a Collaborative Divorce needs both of you to give each other information voluntarily, there will be fewer court conflicts.
Time Control Over Your Divorce
You dictate how long your Collaborative Divorce will take. If you meet more often, with productive conversations, the quicker the outcome will happen. You may not even decide to divorce. We see reconciliations, or legal separations, all the time. Or, if it’s just simply too much for you and you need to slow the process down, you can also do that. Everyone works as a team. Your interests are important in Collaborative Process.
More Support Than Other Types Of Divorce Processes
Divorce is emotional, even if you agree. Divorce is hard and scary even if you get along because your whole life is changing. What will your life look like after divorce? What will life look like if you take the risk of reconciliation with someone who has hurt you? We know this process will transform your life.
Collaborative Divorce is the divorce process that equips you with a well-prepared team to assist you during your divorce. If every aspect of your life looks like it’s falling apart, and your emotions are getting the best of you, having a support team can be a bonus you had no idea you would receive. Your team deals with divorce every week. We know every single stress point, and we are there to help your life transform.
Collaborative Divorce Cons
Divorce is Costly
While collaborative divorce is a lot less costly than full-blown litigation, it’s also not the cheapest way to get a divorce. Although collaborative divorce saves money by utilizing the proper professional to take on the right job, professionals must be paid. The more work and time it takes you to come to an agreement, the more the divorce will eventually cost. If you and your spouse have no areas of disagreement and you can literally sit down at a kitchen table and divide everything, while there could be a mistake in the future, you can make the case for skipping legal representation.
No One Want to Start the Process Over with New Lawyers
In the event that the Collaborative Divorce Process fails, and you need to start the process over, the time and money you spent will be gone. But, since you (and your lawyer) understand this, you’re much more likely to endure throughout challenging negotiations. This is because the rules apply to both sides. Divorce lawyers are known to cause fights when the case goes to court. The more conflict you face, the more I am paid as your divorce lawyer. Through Collaborative Divorce, if you must go to court, they lose you as a client. The difference with Collaborative Divorce is that I’m not allowed to generate conflict just to make more money. If you want to know why this is still a process I support, let’s talk further.
It Can Only Be Used If You Both Agree
Collaborative Divorce is voluntary. If your spouse doesn’t agree to use collaborative process, they can’t be forced to do it. Your case can be a collaborative law case only if you both hire lawyers who are competent to use the Collaborative Divorce process. Lawyers have to engage in a paradigm shift if they are to use Collaborative Process. In litigation, lawyers are not inclined to be peaceful to accomplish a common objective. If both lawyers in the divorce case didn’t have specific collaborative divorce training, the whole process could break down. So it is ideal if the attorneys are trained to use Collaborative Process. You don’t want that to happen to you. It can only work if you both agree to voluntarily give up accurate and complete financials. If each of you doesn’t want to give up your financials, the Collaborative Divorce Process is not for you. A judge will have to force both of you to supply the financial information that is required by the law.
