Every person approaches the divorce process a bit differently from the next. Many people try to cooperate and complete divorce proceedings as quickly as possible. Others focus on achieving certain terms or feeling like they win.
There are different systems that people can use during divorce to obtain better outcomes or routine control over the process. Collaborative divorce has become far more common in recent years. Spouses may choose to commit to working with one another instead of fighting against each other.
There are numerous benefits that spouses may derive from collaborative divorce when compared to a traditional, litigated divorce. What are some of the positive aspects of collaborating during divorce?
1. Avoiding being put at a disadvantage
Many people have heard stories of divorces where one spouse promises to cooperate with the other, only to employ scorched-earth tactics shortly afterward. One spouse might agree to work together and bypass hiring lawyers, only to show up at court with an attorney notorious for aggressively handling divorce issues.
Collaborative divorce requires a signed agreement between spouses. They have to secure new representation and start the process over from the beginning if they decide they no longer wish to collaborate. Committing to collaboration protects spouses from manipulation and an imbalance of power.
2. Protecting privacy
Collaborative divorce may involve negotiations between spouses facilitated by their lawyers. They might sit down with a mediator to try to work through their disputes. These processes are typically confidential.
Spouses can talk about major issues without making them part of the public record. People who care about protecting their financial privacy or who believe that various forms of misconduct may have a bearing on the outcome of the divorce process may want to consider pursuing a collaborative divorce.
3. Enhancing control
In litigated divorce proceedings, a judge has the authority to allocate parental responsibilities and divide marital property. When spouses work together, they have control over the outcome.
Parents can create customized custody arrangements that prioritize their children’s needs and personalities. They can create unique property division arrangements that preserve key resources. When obtaining a specific outcome is important, working toward an uncontested divorce is often the best way to achieve those goals.
Discussing the possibility of collaborative divorce can help people choose the best option for resolving their divorce disputes. Many couples benefit from employing a collaborative approach to divorce instead of an adversarial one.