What are unsuitable situations for a collaborative divorce?

Collaborative divorce is the least complicated, fastest, and least expensive way to obtain a divorce in any state.  In situations for collaborative divorce, the divorcing parties are able to calmly and amenably discuss all the terms of the divorce and come to an agreement outside of any legal setting, including court hearings, arbitration, and mediation.  In a collaborative divorce, the divorcing couple agrees to:

• Financial and asset division
• Debt division and repayment
• Child custody

In a collaborative divorce, these decisions are made, and then the terms are drawn up and made legal or final by the courts.  There is little negotiation or mediation required.  

There are instances, however, where such collaborative divorces are not possible.  These instances include: 

• Claims of abuse – If one or the other spouse claims the other party was subjecting them to abuse of any form, it is not likely they will be able to pursue a collaborative divorce.  Such abuse can be physical, emotional, verbal, and sexual in nature, and in such cases, it is better for the divorcing couple to pursue mediation or arbitration.

• Dishonesty or Financial Strain – if the couple is divorcing because there is little trust, claims of infidelity, or financial problems, collaborative divorce may be unsuitable, and other forms of divorce may be better.

If you are considering divorce, you should speak with an experienced divorce attorney about your options and about whether collaborative divorce is right for you.