There are many different ways for couples to achieve a divorce. Some couples negotiate prenuptial or postnuptial agreements and then defer to the terms of that contract during the divorce. Other couples might decide to attend mediation to settle their disagreements.
For those hoping to resolve disagreements, a collaborative approach to divorce might be beneficial. Collaborative divorce is different than a traditional divorce. The three considerations outlined below help demonstrate the unique approach couples employ during a collaborative divorce.
Spouses must have legal representation
Some couples attempting to settle divorce matters try to handle the matter on their own behalf. Pro se divorce filings are relatively common. Spouses cooperate to set terms that they both agree are fair and they try to negotiate and file paperwork without paying for legal guidance. That is not an option in a collaborative divorce scenario. Collaborative divorces require that each spouse has their own legal representation. In fact, they have to sign a contract agreeing to cooperate. If the collaborative divorce efforts fail, the spouses typically have to retain new lawyers and begin the entire process over again.
The process does not require formal discovery
In a litigated divorce, spouses have to make key disclosures to one another and the courts. Their finances and work history may become part of the public record and are subject to intense scrutiny. During collaborative divorce proceedings, there is a presumption that spouses entered the process in good faith. There is also a presumption that they should be honest and forthright with one another. Therefore, formal discovery or the mandatory disclosure of key records is not typically part of a collaborative divorce.
Spouses may work with a variety of professionals
In addition to hiring attorneys, divorcing spouses attempting a collaborative divorce may work with an assortment of other professionals. They may work with a neutral financial professional who can help settle disagreements about the division of property and debts. They can work with specialists who focus on their children. In some cases, they may even work with mediators or mental health professionals to help facilitate more effective communication and conflict resolution. Instead of an adversarial approach in which the spouses end up fighting with each other over key divorce matters, collaborative divorce requires cooperation and often the assistance of multiple skilled professionals.
Understanding what occurs during collaborative divorce can help people determine if this unique approach to divorce is right for them. Many couples find that collaboration is helpful as it gives them control over the outcome and can decrease a risk of conflict.
