Granted, a divorce strikes people in different ways. It may be shocking and sudden for some or a gradual agreement and consolation that the marriage no longer works. In each example, it is time to pursue separate directions but, in order to do that, both people must navigate through the debris-strewn path of divorce.
If you could, wouldn’t you want to avoid litigation and seek a divorce option that perhaps minimizes turmoil, disputes and hard feelings and proves less costly? Then collaborative divorce may be the route. It promises to be less intimidating and provide less conflict. The foundation of collaborative divorce rests upon the willingness of the divorcing couple to discuss, negotiate and problem solve. They are the ones responsible for the substantive discussions while coming to a resolution.
Parties lead the negotiations without a judge
In collaborative divorce, there are no mediators. However, attorneys are present to provide some guidance in the process. Each person has their respective attorney at their side, and those attorneys must have completed training in collaborative divorce.
Sometimes, other professionals may be present. For example, an accountant may provide a fair separation of assets, and a child specialist may provide guidance in creating parenting plans.
Here are some of the key attributes represented in the collaborative divorce process:
- Valuable time savings as the divorcing couple lead the problem-solving discussions and understand that this is no situation in which to waste time.
- A great money-saving measure. Since no litigation or courts are involved, you gain a less costly divorce process.
- Open and honest conversation involving mature adults who understand that civil behavior and maintaining composure benefit everyone.
- Higher comfort levels since you are in a private setting rather than a courtroom setting.
- Better control of the discussions, negotiations and results since both spouses lead the process.
- Promises to be more convenient. With no courts, no court schedules are maintained, and you avoid hearing cancellations.
The tension, frustration and uncertainty may still be there in the collaborative divorce process but to a much lesser degree. What you get out of it is what you put into it. By investing wisely in collaborative divorce, you should gain a much smoother resolution.