What Is Collaborative Divorce?

When most people think of divorce, they assume that all divorces involve extensive legal battles in which parties are left with anger, stress, and resentment. But divorce doesn't have to be an adversarial struggle; through collaborative divorce, parties to a divorce can work together to make important decisions about the terms of the divorce.

What Is Collaborative Divorce?

To collaborate means to work together to create or produce something, and this description is perfect when referring to collaborate divorce. In a collaborative divorce, each party has an ability to present their opinions and desires for how terms of the divorce should be settled. For example, parties can share their thoughts on how property should be divided, who should get custody of children, or whether or not alimony is appropriate.

Unlike many divorces, where couples communicate through their lawyers in an aggressive and hostile manner, often going to court to have a judge issue the final say on issues in a divorce, during a collaborative divorce, parties sign an agreement that states that they agree to resolve issues amicably.

Conditions of a Collaborative Divorce

In addition to agreeing to resolve things amicably, a couple must agree to a number of other terms if they wish to participate in a collaborative divorce. For example, couples must state that they will rely on non-adversarial negotiation techniques to resolve issues in a divorce, that communication will be constructive, and that while lawyers can be used to help mediate conversations and advise clients, those lawyers will not participate in litigation if collaborative divorce is unsuccessful.

What Are the Benefits of Collaborative Divorce?

One of the biggest and most obvious benefits of collaborative divorce is that because it allows couples to resolve things without contention, the couple has a healthier foundation for resolving issues in the future. While this may not be necessary if individuals go their separate ways, many couples share mutual interests, such as children, friends in common, or a business or investment after divorce. For parents with kids, this is a very important consideration, and can help to reduce stress and anxiety for a child.

Collaborative divorce also puts the decision-making power in your hands and the hands of your spouse, rather than in the hands of a judge. This means that you get more say over how your divorce is settled.

Collaborative divorce is also usually less expensive than divorce, as parties are not saddled with high court costs that are necessary with divorce litigation.

Contact the Divorce Lawyers at the Law Offices of Michael A. Robbins Today

If you are thinking about divorce, contact the Law Offices of Michael A. Robbins today. We can provide you with more information about collaborative divorce, and can also assist you in the event that collaborative divorce is not an option.