Divorce is frequently a contentious, acrimonious process. Spouses battle each other for property division concessions and optimal parenting time. They invest their time, personal energy and money into the process of fighting each other.
In many cases, spouses may find that a collaborative approach to divorce is actually a better option. They can agree to work with one another instead of fighting against each other. There are numerous benefits associated with a collaborative approach to divorce, and the three below are among the most compelling.
1. Protection from sudden conflict
Spouses who only verbally agree to cooperate can take back that promise without any notice. Collaborative divorce requires a signed agreement between the spouses. They must commit in good faith to resolving all of the disputes that they have with one another outside of the judicial system. If they cannot settle, then they may have to restart the divorce process and may even need to hire a different lawyer. Committing to a collaborative divorce protects people from scenarios in which their spouses suddenly take an adversarial approach to divorce and try to steamroll them into major concessions.
2. Control over the outcome
In a litigated divorce, spouses must surrender control to a judge. They do not get to demand specific property division terms or set custody arrangements based on their unique circumstances. They rely entirely on a judge’s discernment and must uphold the orders imposed at the end of litigation. In a collaborative divorce, spouses control the outcome and file an uncontested divorce based on their own arrangements. When people feel strongly about securing specific terms, working cooperatively provides them with greater control over the final terms set.
3. Reduced conflict and exposure
Adversarial divorces tend to create feedback loops where disputes only intensify the conflict between the spouses. Collaborative divorce helps people reduce tensions and maintain a calm dynamic with one another. Limiting conflict is especially important for those who may need to co-parent after a divorce. Working to settle matters outside of court also protects the privacy of the spouses. While they may make disclosures to one another, they do not have to endure the formal discovery process, where they must provide information about their finances to the courts.
Proposing a collaborative approach to divorce can be beneficial for parents with small children, business owners and others who value their privacy or otherwise desire an amicable divorce. Spouses who work cooperatively can prioritize the goals that matter most to them and limit the stress they endure during divorce proceedings.
