What is Collaborative Divorce? How is it Helpful?

January 27, 2021

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Collaborative divorce is when you are working together on divorce in the same direction with a mutual agreement. In this case, both partners connect to separate the assets as well as determine the child custody without tearing each other down and bringing the past grudges in the middle of the conversations. In this case, both the partners work collectively to create a win-win situation and ensure that the children are not affected due to the separation.

How Is Collaborative Divorce Different From Conventional Divorce?

For many couples, divorcing doesn’t end up creating the hate situation where they can’t even look at each other. Rather, they recognize that their relationship isn’t working anymore and why is it better to call quits on a marriage. Couples like these are most likely to proceed with the collaborative divorce option. Here’s how collaborative divorce differs from traditional divorce method:

1. Only Uncontested Divorces Are Allowed To Be Processed Through Collaborative Divorce

If both the partners agree on the issues raised from the divorce, only then they can opt for a collaborative divorce process. Collaborative divorce requires both parties to arrive at a settlement without needing the traditional divorce method. The spouses will have to cooperate and make compromises on all aspects of a divorce, including co-parenting and asset-distribution. Unlike traditional divorce, the whole process will take place outside courtrooms and offers more control. In collaborative divorce, if any of the parties decides to contest any aspect of the divorce, the proceedings will have to go through the traditional divorce method. There can be other channels as well, but every other option will give you less control over your case.

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2. In Collaborative Divorce, Ground Rules Must Be Set

Before you decide to resolve your divorce case through collaborative divorce, both parties must prepare a collaborative participation agreement and sign it. There will be a set of ground rules in this agreement, which you must follow without the oversight of a court. You must also include the mutual goals in the collaborative participation agreement and commit to staying honest and truthful throughout the process. Spouses get the complete control over deciding what to include in this agreement. Parties can decide what are the important aspects of their case and include them in the agreement. Overall, an agreement says a lot about how serious you are about resolving your conflicts through a collaborative divorce process.

3. Involving Specific Attorney

In collaborative divorce, each of you can have a specific attorney to represent your case. Professional attorneys can also help you sort out your needs, what to expect, and what are your rights within the divorce. Not only that, your individual attorneys will be responsible for drafting the agreements, making possible negotiations, facilitating healthy communication, preparing settlements that are mutually agreeable, and provide a whole blueprint of how this divorce should ideally go. The collaborative divorce lawyers must be involved in non-contentious resolution of the divorce. Their main role is to protect the rights of their parties and the intent of the collaborative divorce process.

Why Choose Collaborative Divorce?

A divorce can tear down a family and put you in an agony that lasts for years. Traditional methods of divorce can make this pain even worse if you have been holding grudges and playing a blame-game. A collaborative divorce is rather an effective approach where you and your partner agree to get the divorce smoothly without going to court. Let’s find out the benefits of collaborative divorce and how it is going to be in your best interest.

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Benefits Of Collaborative Divorce

There are varied benefits of collaborative divorce, and it is worth considering if you don’t want your children to be adversely affected by the process.

1. Total Control In Your Hands

You are in complete control of the divorce proceedings. A mutual collaboration ensures that both the ex-partners are in sync, and the process will happen in line according to your mutual needs and expectations. As a result, your divorce is not only amicable but also a peaceful affair, setting aside all the woes about how your children, you, or your spouse are treated by the law.

2. More Peaceful Approach

There is less anxiety in this case, and you are more at peace with how things churn. Since you are not involved in the traditional methods, both of you can discuss what you want and how you want to go about it beforehand. This approach offers cordial relations since no one is pressurizing the other for any reason or demand and promotes a stress-free and peaceful process. With fewer frustrations, your family can be in peace.

3. Helps You Keep A Positive Perspective

Self-care becomes one of the biggest challenges during divorce proceedings. When you opt for a collaborative divorce, you will be able to gather insights into yourself and evaluate better how you’d prefer to enjoy your life ahead. Being surrounded by positivity enhances and rebuilds your life. Positivity and self-care are pivotal for better physical and mental health that can make strategic decisions for loved ones. 

4. Important Issues Aren’t Left Unattended

When you both are involved in the process, it becomes easier to understand the core issues you are likely to face. Instead of facing the legal issues, you would be battling the issues that are important to you and can help each other become better individuals. A powerful collaboration supports you in preparing yourself for life and deciding how to manage co-parenting after divorce peacefully.

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5. Things Remain Private

Divorce is a private affair, and this type of divorce allows you to handle the whole matter sensitively, maturely, and more privately. You will be able to ensure it remains away from the public eye and can maintain the maturity of the situation.

  1. Reduced Costs

Finally, you will be able to reduce the costs involved in divorce and plan it in a better way. Why spend extra on suing each other for the past resentment rather than utilizing it better for upbringing or personal development?

Is Collaborative Divorce Right For You?

If both of the partners agree to engage in the process in their best interest, collaborative divorce might turn out to be the best decision of your life. Collaborative divorce doesn’t require you to be amicable or in agreement with each other on all the issues. It just requires you to be willing to work with honesty and mutual respect.

Thus, even if you’re a couple with high levels of conflict, you can still expect a better outcome with collaborative divorce. This way, you can resolve your issues on your own without relying on judges and lawyers to make decisions for you.

Overall, collaborative divorce is a better way to initiate amicable separation, and plan for a decent future for the two of you. Are you ready to opt for a collaborative divorce over an ugly separation?