Many divorces turn into acrimonious legal battles. The spouses fight with one another over almost everything and rely on a judge to settle their disputes. Other divorces are more amicable. Spouses find ways to cooperate with one another and retain control over the broader divorce process.
Many people fear a collaborative divorce because they don’t want to fall victim to attempts at manipulation. However, for many couples, collaborative divorce can secure a fair divorce outcome without the need for litigation.
What does collaborative divorce involve?
A collaborative divorce requires a good-faith commitment from both spouses. Neither should attempt to manipulate the other into collaboration by tricking them. The courts eliminate that risk by requiring a collaboration agreement in a collaborative divorce scenario.
Both spouses sign contracts agreeing to resolve all outstanding agreements through mutual cooperation. If they fail to do so, then the only solution may be to start the entire process over again. They typically have to hire different attorneys and begin from the initial filing stage.
Collaboration may require the input of numerous outside professionals, including mediators, financial professionals and even child specialists, to help resolve disagreements about the various outstanding issues addressed in a divorce. When collaborative divorce is successful, the spouses finalize their terms by signing an agreement with one another. They then move forward with an uncontested divorce.
Even though they may have to work with several outside professionals to settle their disagreements, the spouses may find that collaboration is more affordable than litigation. They can also avoid the extreme damage potentially caused by an acrimonious approach to divorce. That can be particularly beneficial when they must share custody after the divorce.
Committing to the collaborative divorce process can help protect spouses and give them more control over the costs and terms of a divorce. Those who understand the different options available during divorce may choose the best path forward given their unique circumstances.