4 Questions About Collaborative Divorces

Posted on: 16 June 2021

Are you currently in the process of getting a divorce, but are unsure if you should attempt a collaborative divorce? Here are some things you need to know about a collaborative divorce to learn if it will be right for you. 

Why Get A Collaborative Divorce?

Some couples find that a collaborative divorce is cheaper than other forms of the process. That is because everyone works together during the divorce to reach a final agreement. You are not going to be going to court and have a hearing in front of a judge, so you do not have all of the legal fees associated with it. The nature of wanting to work with your spouse, in general, is going to result in cost savings overall since things should go smoother and be less contested.

Many couples find that the less contested nature of a collaborative divorce also means that it is better for a marriage that involves kids. If you do not want to be at odds with your spouse, a collaborative divorce could be best for you because you are going into it with the mindset that you'll work together.

Are There Downfalls To A Collaborative Divorce?

One thing to know about collaborative divorces is that everyone enters an agreement to reach a settlement regarding the divorce and not go to trial, including your lawyers. If you cannot final a divorce under the collaborative divorce rules, then you essentially start over again and need to get new lawyers. This can make the entire process very expensive for everyone involved, which would rather be avoided if possible. If you feel like a collaborative divorce is not going to work out from the start, then don't attempt it. 

How Is A Collaborative Divorce Different From Mediation?

Don't make the mistake of thinking that collaborative divorce and mediation are the same things since they are actually two different processes. Mediation is when each spouse will be in their own room with their lawyer, and a mediator goes between rooms to work out differences between them. The use of a neutral third party and lack of direct communication is what makes mediation very different from collaborative divorce. 

Do You Need A Collaborative Divorce Lawyer? 

It's important that you find a lawyer that specializes in collaborative divorce. There is special training involved that can help make the process go smoothly for everyone. You don't want to use a lawyer for a collaborative divorce if it is their first time doing it, so at the very least make sure they have experience. To learn more information about divorce attorneys, reach out to a company such as Ickes Holt.