Divorce often leads to contentious litigation. Spouses blame one another for the downfall of the marriage. They fight over property and may disagree about what is best for their shared children. Divorce litigation can be frustrating and unpredictable.
As such, couples sometimes look for more effective and positive ways to address the decline of a marital relationship. For example, they might propose a collaborative divorce. Collaborative divorce proceedings involve working together to resolve disagreements outside of the family courts in pursuit of an uncontested divorce.
The following are some of the benefits that make a collaborative approach to divorce worth the effort involved for many couples.
1. Protection from broken promises
It is somewhat common for spouses to verbally agree to cooperate, only to have one spouse back out of that arrangement with little warning. Their decision to hire a lawyer and take a scorched-earth approach to divorce could have dire implications for the spouse who trusted their commitments to cooperative divorce. Collaborative divorce generally requires a signed agreement to settle matters outside of court, which effectively protects spouses from broken promises.
2. Enhanced control
When couples litigate divorce proceedings, judges have to make decisions based on their understanding of the situation. They apply state statutes to property division, financial support and parenting disputes.
Spouses have very little control over the process. In a collaborative divorce, spouses set their own terms. They may attend mediation or spend months negotiating to set terms that they both agree are appropriate, given the marital circumstances.
3. Reduced conflict levels
A litigated divorce is an opportunity for extreme conflict between spouses. Their intense emotions and desire for the best possible outcome can lead to an extremely acrimonious dynamic. Particularly if the spouses have to co-parent after divorcing, a contentious approach to divorce could do more harm than good. Working cooperatively during a collaborative divorce can reduce the damage divorce proceedings cause to the marital relationship. In fact, the need to work together could even help heal the dynamic between spouses, thereby making it easier for them to share parental responsibilities later.
Recognizing that there is more than one way to end a marriage can help people choose the best path forward. A collaborative approach to divorce is a common means of pursuing an uncontested divorce.