What happens if a couple does not agree in a collaborative divorce?

When a couple decides to go through a collaborative divorce, they agree to resolve issues pertaining to parenting time, spousal and child support and division of property, without having to go to court. The rationale behind collaborative divorce is that the separating couple behaves in a more civilized manner toward each other, ensuring that the damage to their relationship is minimized after the divorce. One of the advantages of collaborative divorce is that couples preserve a certain level of respect for each other. In contrast, divorce proceedings that need litigation is time-consuming, expensive and nasty.

A conventional divorce is typified by the use of litigation strategies that is usually beneficial to one spouse, at the expense of the other. Litigation entails processes like testimony, expert depositions and discovery depositions, which are very unpleasant. Another of the advantages of collaborative divorce is that it is more efficient, and the process is briefer than the traditional divorce. This is because a collaborative divorce requires only a single expert looking for ways to resolve issues to result in endings that are beneficial to both parties.

Collaborative divorce is for those who want to avoid litigation, but there are times when couples who have the intention to end their marriage civilly simply cannot find a resolution to their issues like support, custody and property division. Before deciding for collaborative divorce, the couple must first assess whether the status of their relationship can enable them to work collaboratively for their divorce. Sometimes, a couple may agree on the division of property but not on custody. When this happens, the couple can reach stipulated agreement and have the court approve it.