What is collaborative divorce and will one work for you?

What is collaborative divorce and will one work for you?

| Jun 16, 2020 | Uncategorized

The word divorce often conjures images of a protracted and bitter fight between former spouses. The idea that divorce does not have to be a battle surprises some people. However, that is exactly the approach offered by collaborative law. 

As you might guess from the name, a collaborative divorce involves two people working jointly to set terms for their divorce and have a faster, uncontested divorce.

How does collaborative divorce work?

As with a standard, litigated divorce, collaborative divorce usually works best when both parties have their own attorneys. In some cases, collaborative divorce is easy because the couple already executed a prenuptial or postnuptial agreement that can guide them through the process of splitting up their possessions and setting up a parenting plan that works for everyone. 

Other times, the spouses or their attorneys may engage in direct negotiations to find solutions that work for everybody. In cases where the couples just can’t seem to find a way to resolve their issues on their own, both mediation and arbitration can be a way to get an outside perspective on the best ways to resolve the outstanding issues. 

Once couples have set their own terms, they can file for an uncontested divorce with the exact conditions they want.

Is collaborative divorce going to be an option for you?

Working together with your ex is an admirable endeavor and can help you keep your divorce from becoming too expensive, reduce the stress that causes you (and your children) and make you feel more in control of your life during and after the divorce. 

However, if you have an uneven power dynamic or if there has been a history of abuse or manipulation in your relationship, collaborative divorce may not be the best option. Really looking at your circumstances and being honest with yourself can help you make the decision about the best way to dissolve your marriage. Find out more today about your legal options.