Once you’ve decided you are ready to divorce, it is important to think about how you want your divorce to go forward. Many people feel powerless when it comes to deciding the method, tone, or handling of their divorce. That is because people do not always realize that they have options beyond a litigated divorce, but they do. Collaborative divorce can be a great choice for those couples seeking greater control over the process and less conflict along the way. Let’s explore and focus and the key benefits of a collaborative divorce.
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What is Collaborative Divorce?
As a newer form of divorce facilitation, collaborative divorce has gained popularity among practitioners who prefer it to traditional litigation. It’s an ideal choice for couples willing to communicate and work through their divorce cooperatively, without taking sides. Collaborative divorce involves a team of professionals, not just attorneys. The team may include a divorce coach for emotional support and other experts such as financial advisors and child specialists. Together, they guide couples understand the impact of their decisions as they separate their lives.
As collaborative divorce can cover more than just legal issues addressed under the law, it provides a more holistic approach to divorce. As opposed to the secrecy and gamesmanship of litigation, collaborative divorce facilitates the sharing of information within the team and between spouses to maintain amicability both during and after the divorce.
Three Reasons to Choose Collaborative Divorce
1. Time
Many people are disappointed, if not downright dismayed, to learn that the average divorce usually takes between one to two years. The timeline is largely dictated by the professionals involved, most notably the judge. Depending on the county where you live, the judge handling your divorce might have hundreds, even thousands, of other cases to schedule and hear at the same time. Since two or more attorneys handle the case, they may also have other cases, which complicates scheduling. If issues in your case must go to a hearing or trial, you may have to wait months before your issue can be heard. The judge must give both sides sufficient notice and time to prepare, and fit it into their busy schedule. Usually, the longer the hearing or trial, the longer the wait for your day in court.
Because collaborative divorce occurs outside the courtroom—except for the final prove-up hearing—the schedule isn’t dictated by the judge’s docket. Instead, attorneys and clients set the schedule, with no briefing schedules or due process timelines to follow. Although the attorneys are likely busy, their schedules are less likely to push meetings out for more than a few weeks. This results in a significant time savings. Between meetings, the parties, their attorneys, and other experts are generally busy gathering and reviewing documents, working on proposals, and resolving issues quickly and efficiently.
2. Money
While collaborative divorce is not cheap, especially up front, many practitioners find that the total cost of a collaborative divorce is significantly less than litigation—particularly in highly contentious cases. This is largely because of the significant cost of hearing and trial preparation, which involves extensive attorney preparation, court time, expert witness fees, and exhibit preparation, among other expenses.
While collaborative divorce does include attorney and professional fees, which can vary depending on the number and specialty of the professionals, there are none of the additional expenses or costs related to preparation or court appearances. The professionals’ time is dedicated to the divorce settlement by discussing and resolving issues. So, rather than arguing issues to a third party, a less time-intensive and more expeditious method of dispute resolution.
3. Conflict Resolution
Unlike litigation, Collaborative divorce eliminates impasses because there’s no third-party decider or tiebreaker. Instead, the parties must work together to reach an agreement. With less antagonism, they can better resolve disputes and move forward. Focusing on conflict resolution protects children and preserves families during this difficult process. Reducing conflict helps maintain relationships, benefiting the parties, their children, friends, extended families, and futures.
The team at Anderson Boback & Marshall includes experienced litigators, collaborative divorce practitioners, and trained mediators. We can help you identify and understand your options as you move forward.
