Television programs tend to portray the divorce process as highly contentious. Spouses who loathe each other battle over their property and child custody in cold courtrooms that echo when someone shouts. Yet, most modern divorces are resolved via collaborative processes that don’t require combative courtroom drama.
A collaborative divorce allows spouses to reach a mutually-agreeable solution to their differences. Many spouses pursue a collaborative divorce via mediation, direct negotiation and/or attorney-led negotiation.
Pros and cons of collaborative divorce
Most couples can benefit from a collaborative approach. A non-contentious process keeps control over the outcome of a divorce in the hands of the parties involved. Meaning, they won’t be forced to submit to a judge’s interpretation of what is fair given their circumstances. Additionally, collaborative approaches tend to be cheaper, quicker and less stressful than traditional courtroom battles are known to be.
Yet, not everyone is in a position to benefit from the collaborative divorce process. If your spouse is abusive, narcissistic, likely to hide assets, overtly manipulative or otherwise cannot be trusted to collaborate in an above-board way, a contentious process may be inevitable. Similarly, if you and your spouse have fundamental differences that cannot be bridged without judicial intervention, a collaborative approach isn’t possible.
Weighing your options
Only you can accurately assess whether embracing a collaborative approach is likely to be a good option for you, given the unique nature of your circumstances. There is no “right or wrong” way to approach divorce, only a “best” way to resolve your differences and seek a favorable outcome that honors your interests.
If you’re unsure of what kind of approach to divorce may serve your needs most effectively, don’t hesitate to seek legal guidance. In doing so, you’ll place yourself in a strong decision to make informed choices about all of your options.
