Collaborative divorce is an alternative to traditional litigation that caters to couples with a vested interest in minimizing the negative impact of their breakup. These amicable partnerships often go hand in hand with quicker, cheaper, and less confrontational resolutions. These collaborative processes encourage spouses to work together toward their common goal of ending their marriage sooner rather than later. Collaborative divorce can be scary at first; after all, it’s not every day that you meet your spouse’s lawyer and begin hashing out details of your divorce. But there are many benefits of working with a collaborative divorce attorney and using collaborative divorce as your primary method for splitting assets, custody rights, and other key points of contention within your marriage.
No More Endless Battles
When divorcing couples choose a litigation approach, they often spend more money and endure more stress than they ever expected. While the best-case scenario with litigation is that you and your spouse agree on a settlement, the worst-case scenario is that you spend years in court. This endless battle can result in heavily strained relationships between the parties involved. Even if the judge ends up ruling in your favor after a lengthy trial, you’ll still be left with the emotional and financial scars of a fight that never should have happened in the first place. Once you and your spouse choose to collaborate, you’ll be able to end the battle over your divorce much more quickly. You’ll also be able to move on with your life once the process is finalized.
Reaching an Agreement is Fast and Easy
Once the collaborative process begins, you and your spouse will have the chance to meet together with your attorneys and other key players. You’ll go over your individual needs and what you expect from your divorce. During this meeting, you’ll have the opportunity to discuss all of the topics that are important to you and your spouse. You can hash out anything that’s relevant to your divorce and outline an agreement that works for both parties. You can do this by building off of each other’s ideas and suggestions. If one of you has a particular idea, the other can offer a suggestion that might make the concept even better. For example, if one spouse would prefer to have primary custody of their children, the other might suggest having joint custody instead. This can help you reach an agreement much more quickly than a traditional divorce would allow.
Helping You Move On Quicker
If you and your spouse have children, collaborative divorce can help you move on with your life much more quickly. One of the best things about collaborative divorce is that you don’t have to wait for a judge to decide who will have primary custody of your children. Instead, you can come up with an arrangement that works for everybody involved. You might have to wait for a judge to decide if you have joint or primary custody or if you have to pay child support, but those decisions are often determined by the court’s interpretation of state law. If the court must wait for a hearing because you and your spouse can’t reach an agreement, then you’ll face even more delays. In collaborative divorce, you can avoid this problem by working with your spouse to come up with a settlement that benefits everyone in the family.
Safeguards for Children and Other Dependents
When you and your spouse fight about key decisions, your children and other dependents often feel the negative effects. A parent often becomes so focused on winning the battle over child custody that they forget what’s best for the children. However, you don’t want to put your children in a situation where they’re caught in the crossfire of a divorce. For example, you might want to base custody decisions on which spouse has the most time available to look after the children. Once the kids are in one parent’s care, though, the other parent may refuse to cooperate with visitation. This refusal often results in unnecessary stress for the children. Collaborative divorce can help alleviate these concerns. For example, you and your spouse can negotiate a visitation schedule that works for both of you. If one of you has to travel often for work, the other spouse can adjust as needed.
Collaborative Divorce May Help Your Reputation
No one likes to think about their reputation during a divorce. However, you should try to remember that your divorce settlement may be reported in the media. By choosing a collaborative divorce, you can avoid a lengthy court battle. You can also try to finalize your divorce as quickly as possible. What’s more, you can work with your spouse to reach an equitable settlement that benefits both of you. The more quickly you reach your settlement and finalize your divorce, the less time the divorce will be in the headlines. If your divorce drags on for years thanks to a lengthy court battle, the media will often portray you as a negative person. You may even be referred to as the “warring” spouse, regardless of who may be at fault. If you pursue collaborative divorce, you can work with your spouse to reach an equitable settlement as quickly as possible.
Confidentiality Is Key
One of the main advantages of collaborative divorce is that all of the discussions that happen within the collaborative process are confidential. You and your spouse can discuss details of your lives, finances, and even intimate moments that would be inappropriate to air in court. By keeping these discussions out of the courtroom, you can avoid many problems. For example, if your spouse decides to share private information with her attorney and that attorney makes that information public, you can sue your spouse’s attorney for violating the confidentiality agreement. However, you can’t sue your spouse for violating confidentiality because the agreement only applies to the attorneys. You and your spouse can also use these discussions to come to a better understanding of each other. By working together, you and your spouse can find a solution that works for both of you.
Conclusion
When you and your spouse are divorcing, it’s important to consider all of your available options. Collaborative divorce is an approach that can help you and your spouse get through the process more quickly and efficiently. This type of divorce can be scary at first because you and your spouse must work with each other to negotiate an agreement. However, it can help you and your spouse come to an equitable settlement much faster than a traditional divorce would allow. Now that you know the benefits of collaborative divorce, you can inform your spouse about this approach and decide if it’s right for you. If you and your spouse decide to collaborate, you can then begin working together to finalize your divorce as quickly as possible.