There are a variety of different ways for people to approach divorce. Many couples have intense negative feelings about one another and may let those emotions dictate how they handle the end of their marriage.
They may look at litigation as a way to punish their ex or obtain justice in court. People sometimes approach divorce with unrealistic expectations because they hope for vindication during family court proceedings. The reality is that divorce is not about punishment but rather about the separation of financial and legal responsibilities.
Spouses may increase their costs and frustration levels by fighting intensely with one another throughout the process. For many couples, the most effective approach to divorce involves cooperating. Collaborative divorce is one of the possible alternatives to litigated divorce proceedings.
Why do so many couples choose collaborative divorce instead of going to court?
Collaboration gives them control
Spouses who collaborate can prioritize obtaining specific terms that they feel are necessary. Each spouse may have their own priorities. Those priorities may include the retention of certain assets or the establishment of certain child custody terms. Spouses who successfully collaborate tend to be happier with the final outcome of their divorce proceedings because they can prioritize achieving the goals that matter most to them.
Collaboration prevents certain forms of manipulation
A collaborative divorce requires a written commitment from both spouses. In that regard, it is different from scenarios in which spouses may informally agree to an amicable approach to divorce. When spouses agree to try to settle with one another, there is nothing binding them to that arrangement. In some cases, one spouse might show up at court with a lawyer after insisting that they wanted to handle the process privately. Collaborative divorce requires a commitment to the process and may even require that those spouses obtain new representation if they decide to litigate instead.
Collaboration limits conflict
A sincere attempt to cooperate with the spouse during divorce can help reduce the overall amount of conflict between the spouses. That can be beneficial for both spouses’ mental health as well as for any children that they share with one another. By trying to communicate effectively and compromise, spouses can maintain a more amicable dynamic both during and after their divorce proceedings.
Collaborative divorce can be beneficial for those who trust their spouses to behave appropriately and who want to control the terms, timeline or expense involved in a divorce. Exploring litigation alternatives can be a smart choice for many of those who believe that divorce is on the horizon.