Collaborative divorce is a specific process through which spouses cooperate when seeking a resolution to their circumstances. It is a legal process with specific requirements imposed on the spouses and the lawyers representing them. Many people initially dismiss the idea of collaborative divorce.
They might instead simply informally promise to work with one another throughout the divorce. However, collaborative divorce has become a popular option for a reason. There are many benefits to formally agreeing to collaborate as opposed to promising to cooperate.
Initial goodwill may run out quickly
Many spouses begin the divorce process trying to be compassionate toward and generous with one another. However, as disputes continue to arise, that initial generosity may eventually disappear. Someone who originally promised to work with a spouse may hire an attorney and become quite adversarial part of the way through the pre-court process. Such actions may leave the other spouse at a disadvantage, especially if they do not retain an attorney.
Collaborative divorce does not allow for that kind of sudden waffling. Spouses sign a binding agreement when they begin the collaborative process. They either have to settle matters outside of court and move forward with an uncontested divorce or they have to begin the process over again, including hiring a new lawyer.
Representation helps prevent pitfalls
A big part of why collaborative divorce is successful in many cases is that each spouse has to have their own attorney. They secure their individual legal representation in addition to possibly working with multiple other outside professionals, like mediators or advocates attempting to represent the best interests of the children.
Both spouses can feel more confident about compromising when they have an attorney present to review proposed settlements and to educate them about their rights under the law. It is much easier to cooperate in cases where spouses know what outcome is likely should they attempt to address their disputes in family court.
Collaborative divorce does not work for every couple, but it can be useful in certain circumstances. Exploring collaborative divorce as an alternative to litigation can potentially help those who want to divorce amicably, quickly and/or with a focus on specific terms. Cooperation during the divorce process often leads to greater long-term satisfaction with its final outcome.