When people start thinking about divorce, those thoughts tend to inspire intense negative emotions. The idea of divorce litigation can seem cathartic at first. People convince themselves that a judge might vindicate them by siding with them on major issues.
The pursuit of emotional gratification can lead to very complex and ultimately unsatisfying divorce litigation. For many couples, collaborative divorce proceedings have the possibility of being much faster. Spouses can work at their own pace. And, ultimately, collaborative divorce that involves a cooperative approach is a better option for many.
Collaborative divorce requires a commitment to resolve all matters outside of family court. The following are some of the potential benefits of collaborative divorce that may make it a better option than divorce litigation for couples.
Confidentiality
Collaborative divorce often involves negotiations between attorneys, which is subject to attorney-client privilege. Sometimes, spouses may attend mediation, which is also a confidential process. Collaborative divorce provides an opportunity to explore key issues without doing so in open court.
Enhanced control
During divorce litigation, a judge’s interpretation of the situation is what matters the most. They decide how to divide property, how much financial support is necessary and how to allocate parental rights and responsibilities. In collaborative divorce proceedings, spouses can prioritize setting terms that they view as important. They have the ability to compromise elsewhere to focus on achieving the goals that matter most to them.
A faster process
Waiting for time in family court for a litigated divorce can take months. Collaborative divorce can be a faster process. Spouses can work at their own pace. They only need to go to court to finalize the divorce instead of requiring hours in front of a judge for litigation.
Cost control
Spouses pursuing collaborative divorce may require a variety of professionals to help them. Spouses often pay for the help of several professionals, as well as their attorneys. Despite those expenses, it can be much more cost-effective to collaborate. Less time in court generally means lower divorce costs.
Improved dynamics
Litigation is an inherently contentious process. The spouses face off against one another in court. That adversarial approach feeds into the conflict that tends to accompany divorce. In collaborative divorces, spouses have to work together and compromise. Especially for those who have to parent together after divorce, working jointly instead of fighting against each other can help foster a healthier dynamic.
Discussing the possibility of collaborative divorce can help people explore every option available to them. Spouses who collaborate instead of litigating can derive many benefits from that decision.