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What makes a collaborative divorce different?

On Behalf of | Jul 8, 2024 | Divorce |

Divorce tends to be a contentious process. People choose to divorce because of difficulty in their marriages and negative feelings for their spouses. They may have a hard time working cooperatively with their spouses throughout the process.

People may end up fighting in a manner that does not align with their usual conduct. Some couples waste money battling over unrealistic divorce expectations and emotional reactions to practical matters. The more people fight, the more expensive and damaging divorce tends to become.

For some spouses, limiting conflict is their main goal during divorce proceedings. A collaborative divorce is one way to end a marriage without turning it into a series of pitch battles between the divorcing spouses.

What is a collaborative divorce?

Collaboration involves working cooperatively to achieve shared goals. In a collaborative divorce, spouses agree to cooperate to settle any outstanding disagreements related to the terms of their divorce. They usually sign an agreement committing to collaborative divorce processes so that neither spouse feels vulnerable.

From there, they may discuss their goals and desires with their personal lawyers. The lawyers may negotiate with each other in an attempt to settle disagreements. Other times, the spouses might have face-to-face negotiation sessions. They might even work with outside parties such as parenting specialists when working through custody negotiations and mediators when handling issues that they cannot compromise on effectively.

The goal of a collaborative divorce is to ultimately set terms through mutual agreement and keep conflicts out of court. If spouses settle property division, custody and financial support matters, they can then sign a binding agreement committing them to those specific terms.

They can proceed with an uncontested divorce after collaborating. The benefits of collaborative divorce include enhanced privacy and more control over the outcome of the divorce proceedings. Spouses who have to co-parent may find that a cooperative approach to divorce makes it easier to work together for the benefit of their children in the future.

Exploring collaborative divorce and other means of minimizing conflict can potentially help people keep their emotions in check and their costs under control during divorce negotiations. While a collaborative divorce may not work for every couple, it is a viable option in many cases.