There are options available to people who want to divorce amicably. Collaborative divorce is an increasingly popular option. During collaborative divorce proceedings, spouses commit to working together instead of litigating. While it can be difficult to set emotions aside and find ways to cooperate, collaborative divorce is often one of the best options available at the end of a marriage.
How can a collaborative divorce protect a divorcing spouses?
Preventing unfair manipulation
In some cases, one spouse proposes an amicable divorce. However, they proceed to hire an attorney and blindside the other spouse in court or at the negotiation table. In collaborative divorce arrangements, the spouses commit in writing to settle their matter outside of court. They also generally both retain lawyers who can advocate for their best interests.
Preserving privacy
Collaborative divorce negotiations may occur directly between attorneys. Much of that process has the protection of the attorney-client privilege. Spouses may negotiate directly in mediation as part of a collaborative divorce. Mediation is also a confidential process. Collaborative divorce proceedings provide an opportunity to discuss marital issues without making them public.
Achieving specific goals
In litigated divorce scenarios, people rely on the discretion and judgment of a family law judge to determine what is best for their families. Neither spouse may feel satisfied with the final outcome. In collaborative divorce scenarios, spouses can prioritize securing terms that they believe are beneficial for their families. If a spouse agrees to compromise in certain areas, they may improve their chances of securing terms that they deem important in other aspects of the divorce.
Considering collaboration, divorce mediation and other litigation alternatives can help people pursue peaceful, cooperative divorces. Spouses who collaborate effectively can protect their privacy and enhance their overall control over the process.