There are many different ways for people to manage the divorce process. Some spouses negotiate agreements in advance. Their marital contracts set the terms for their upcoming divorce, allowing them to file without much need for negotiation first.
Other couples try to work out their disagreements as they approach the end of their marriages. Collaborative divorce is one potential option for couples who want to avoid acrimonious and protracted divorce litigation. The collaborative divorce process has the potential to be drastically different than a traditional, litigated divorce.
What separates a collaborative divorce from the typical court-based process most people imagine?
Spouses formally commit to cooperation
Many messy divorces start with spouses promising to work together. However, as disagreements arise, they find themselves clashing instead of working together. Eventually, both spouses may become quite aggressive. A judge’s intervention may be necessary to resolve disagreements related to financial matters and parental responsibilities.
In a collaborative divorce scenario, spouses formally commit to working together. They sign a contract agreeing to work cooperatively to settle everything outside of court. If either spouse changes their mind and intends to litigate, both spouses usually have to secure new representation, and they have to restart the entire process.
Spouses work with professionals
Frequently, collaborative divorce proceedings require the insight of multiple outside professionals. Spouses might sit down with a mediator to try to resolve their disagreements about property division matters and other disputes.
They may have a financial professional review their marital estate to determine a fair way of dividing their assets and debts. They may even work with mental health professionals and parenting coordinators to resolve custody-related disagreements.
Instead of letting their emotions dictate what happens, the spouses rely on the insight of professionals to establish reasonable and appropriate terms. Ultimately, successful collaborative divorces lead to a signed agreement between the spouses. They commit to specific terms and proceed with an uncontested divorce.
Discussing the possibility of collaborative divorce proceedings with a skilled legal team could help people take control of what can be an unpredictable and frustrating transition. Spouses who work together can limit the fallout of their divorces and better control the final terms. They can also protect their privacy and limit the damage the divorce causes to their relationship.