Couples often experience intense conflict at the end of a marriage. The more disputes they have during divorce, the more protracted and costly the process may become. Additionally, conflict can be very damaging for children and for the future by dynamic between the spouses if they must co-parent, run a business together or see each other in social settings.
Collaborative divorce has become a relatively common alternative to the contentious approach to divorce commonly used during litigation. Spouses make a commitment to resolve their issues outside of court, allowing them to minimize conflict, control the outcome and reduce their expenses.
When should spouses discuss the option of a collaborative approach to an upcoming divorce?
Earlier is usually better
Technically, spouses can commit to a collaborative process at any point before a divorce trial begins. However, the more time they spend viewing the process as adversarial, the harder it may be to cooperate.
Suggesting a collaborative law approach to divorce in the earliest discussions about divorce can be helpful. For some people, proposing a collaborative approach to divorce could take some of the sting out of a very difficult discussion.
For others, proposing a collaborative divorce shortly after filing can control the social, emotional and financial fallout of the divorce process. When spouses make an early commitment to work together, they have the best chances of minimizing conflict and costs.
Making an early commitment to a low-conflict collaborative divorce process can help spouses feel more confident about the upcoming changes to their lives. The support of an attorney familiar with collaborative law and mediation is invaluable for those preparing to file or respond to a spouse’s filing.