Most people are familiar with litigated divorces. Spouses go to court seeking specific parenting terms or hoping to acquire certain assets from the marital estate. Contested divorces can be unpredictable and highly stressful for everyone involved.
Divorcing couples often look for more amicable solutions during the divorce process. Collaborative divorce has become increasingly common. A collaborative divorce involves spouses working together instead of fighting against one another throughout the divorce process. What makes collaborative divorce different from a litigated divorce?
A commitment to cooperation
Collaborative divorce generally requires that spouses sign an agreement committing to approaching the process in good faith. They promise to settle any disagreements outside of family court. If the collaborative process fails, spouses generally have to start the divorce process and may even require different legal representation.
Partnership with professionals
During collaborative divorce negotiations, each spouse usually has their own attorney representing them to help ensure that they act in their best interests. They may also work with a variety of other professionals to help them achieve viable compromises on key divorce terms.
They may work with a financial consultant to establish appropriate arrangements for the division of marital property. They may work with a parenting consultant or coordinator to establish appropriate co-parenting arrangements. Mediation or even arbitration could also be part of the collaborative divorce process if spouses struggle to resolve specific disputes.
Despite the use of multiple outside professionals, collaborative divorce proceedings are often faster and more cost-effective than litigated divorces. A collaborative divorce can be beneficial, especially for those with shared children for whom they need to remain an amicable team long after the divorce is over.
