Is Collaborative Divorce Right for You?

 Posted on May 05, 2014 in Divorce

Collaborative divorce, a new trend in divorces, emphasizes both spouses working together to come to an amicable end to the marriage rather than going through the traditional adversarial process in the court system. Collaborative divorce has various advantages. It can be faster. It decreases conflicts. And, according to US News, it can save parties thousands of dollars over the course of the divorce. However, despite these benefits, collaborative divorce is not always the right option for everyone. Therefore, understanding who can best profit from this divorce model can help make the entire process easier.

Who Benefits from Collaborative Divorce?

Collaborative divorce has several meanings. These can range from the use of a professional mediator to work out the specifics of the divorce, to the use of lawyers specially trained in negotiating settlements. However, the success of all these methods has one thing in common: they require parties that are on good enough terms that they can actually collaborate. This requirement concerns some people who fear they will be unable to work with their spouses well enough to succeed at collaborative divorce.

However, that fear is often ungrounded. The collaborative process can involve several different types of professionals who help spouses work together in a civil manner. The presence of these professionals allows some spouses who cannot maintain a marital relationship to at least communicate well enough to wind down the marriage courteously. Of course, such professionals can only help so much. This means that there are certain types of relationships that usually cannot get the full benefit of collaborative divorce.

When to Avoid Collaborative Divorce

One of the most common issues that can inhibit the functioning of a collaborative divorce is simply a marital relationship that has degraded to the point where the spouses cannot work together to end the marriage. In many cases, particularly angry or hurt spouses are unable to communicate reasonably, which might turn meetings into unproductive shouting matches. In more severe instances, one of the spouses may be entirely unwilling to enter into the process honestly, and may be engaging in behavior like stealing away marital assets.

Another issue that can cause problems for collaborative divorce involves relationships in which one of the spouses is physically or emotionally abusive. These relationships often have more complicated emotional dynamics that can interfere with the collaborative process. The abused spouse may be easily intimidated by the abuser and thus agree to unfair compromises to simply end the conflict.

Whether you are interested in using a collaborative divorce process or would prefer a more traditional adversarial model, seek out a DuPage County divorce lawyer today. Our firm has experience with both types of divorce strategies and can help you select the one that bests fits your personal situation.