Many spouses initially propose to work together throughout their divorces. However, as they attempt to address matters such as parental responsibilities and property division, they may find themselves disagreeing on critical details.
In such cases, either spouse might withdraw their prior promise to work cooperatively and could employ a scorched-earth litigation approach instead. Those who want to divorce amicably while controlling the terms and the costs may benefit from committing to a collaborative divorce with their spouse.
What makes a collaborative divorce different than a basic promise to work together?
Collaborative divorce is a contractual commitment
When spouses agree to divorce collaboratively, they sign a written agreement committing to that process. They agree that they should settle all of their current disputes outside of court to pursue an uncontested divorce filing.
Spouses may need to compromise with one another to reach terms that they both agree are appropriate. Frequently, they may need to attend mediation as part of the collaborative divorce process. A mediator can make it easier for spouses to identify workable compromises and to commit to terms that are appropriate given their circumstances.
Negotiating a settlement in a collaborative divorce takes time and patience. Spouses also generally have to compromise on at least a few matters to settle their divorce disputes. Still, if they approach the process in good faith, they can potentially end the marriage with minimal conflict and with terms that they both agree are appropriate for the family.
Working with a family law attorney to navigate the unique challenges of collaborative divorce can be beneficial for those who want a peaceful divorce. The right legal representation can make it easier to settle divorce matters without forgoing all personal protection.