Will a Collaborative Divorce Just Prolong the Process?

A collaborative divorce is one in which the parties agree to work out their issues for division of property, parenting time, and support without going to trial. The premise behind the collaborative divorce is that when parties agree to stay out of court, they conduct themselves in a way that is more civil and leaves behind less relationship damage when the divorce is final. A marriage involving children benefits the most from a collaborative divorce because it allows the parents to maintain some level respect through the divorce process. When a divorce goes through litigation, it might not only get nasty, but it can get expensive and time-consuming.

Collaborative Divorce is More Efficient than a Traditional Divorce

A traditional divorce often includes parties jockeying and using litigation strategy in a way that would benefit one person often at the expense of the other person. It is typically a process including discovery with depositions taken for both parties and expert depositions and testimony. The collaborative divorce process is faster than a traditional divorce because there is only one neutral expert working to benefit both parties and the need for depositions is rare because parties are expected to be open and to negotiate in good faith.

What the Collaborative Process Doesn’t Work?

The goal of collaborative divorce is to avoid litigation, but it is possible for a couple with good intentions to come to the conclusion that they cannot agree on every aspect of property division, custody and support. Parties should carefully consider whether they have the kind of relationship that could successfully participate in a collaborative process. Even if parties do not agree on every aspect of every issue, the collaborative process should not prolong the divorce because the time spent can be useful in narrowing the issues. Parties who reach agreements on some issues and not others can memorialize common ground in a stipulated agreement for the court to sign into an order. A couple may agree on issues for property division, but not on custody. As issues are agreed upon in the collaborative process, it leaves fewer issues for parties to spend time and money arguing about in court.

Getting Legal Help

Whether a person should consider the collaborative process over the traditional divorce process depends on the particular circumstances of the marriage, of the personalities of each party, and of the property, custody and support issues involved. An experienced family law attorney can offer the pros and cons for any specific case before beginning any divorce action and can represent a client through either process efficiently.

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