When a divorce goes to court, the very nature of the litigation process can make an already tense situation even worse. With one spouse is pitted against the other, it can be easy to lose sight of the bigger picture.
Collaborative divorce offers separating couples an alternative approach that may lead to a healthier outcome for both parties, both emotionally and financially. During collaboration, each spouse retains his or her own attorney, but all parties agree to negotiate the terms of the divorce respectfully, in good faith and outside the courtroom.
1. Preserving family relationships
The tone set by a divorce may have a lifetime impact on the whole family. By promoting a peaceful resolution of differences, collaboration may help divorcing spouses approach difficult decisions with cooler heads. Maintaining a respectful relationship during separation is especially important when a couple shares children.
2. Accessing professional resources
In addition to legal counsel, during collaboration spouses may work with a variety of neutral professionals who can provide perspective and guidance on issues ranging from property division to child custody arrangements. This may include financial advisors, appraisers, childcare or parenting specialists or divorce coaches that can help spouses to navigate the emotional stress of separation.
3. Maintaining control over the future
During a litigated divorce, a judge ultimately determines the outcome, and the law constrains the types of decisions he or she can make. Collaboration allows spouses to maintain control over the terms of separation and pursue creative approaches that truly meet their family’s circumstances and needs.