Litigating or battling in court isn’t the only way to resolve divorce disputes. Couples have many options available to them, including several ways of trying to cooperate with one another before litigating. In recent years, collaborative divorce proceedings have become increasingly common.
Many spouses see the value of working with one another instead of fighting against each other. Collaborative divorce proceedings are distinct from other types of divorce in several key ways. People who understand what makes a collaborative divorce different may also recognize that a collaborative divorce could be the best option available given their personal circumstances.
What features help set collaborative divorce apart from other types of divorce proceedings?
A commitment to cooperation
Spouses can informally promise to cooperate during divorce. However, neither spouse knows when the other might suddenly change their mind. They could show up to court or the negotiation table with a notoriously aggressive divorce attorney representing them. The other spouse has little recourse in such scenarios.
During collaborative divorce proceedings, spouses sign an agreement committing to the process. Neither has to worry about the other backing out suddenly without significant consequences.
Enhanced privacy
Litigated divorce proceedings require formal disclosures. The discovery process forces spouses to make numerous details about their personal lives and finances public so that judges can make informed decisions.
People in high-profile positions, those dealing with marital misconduct and those concerned about exposing their financial holdings may want to consider collaborating as a means of preserving their privacy. Anything disclosed during conversations with a lawyer is typically subject to attorney-client privilege.
The same is true of details that come up during attempts at mediation. Spouses who want to preserve their privacy throughout the divorce process may find that cooperating with one another is preferable to litigating matters in a court setting.
Improved control and flexibility
Litigated divorces leave most major decisions to the discretion of a judge. What a judge views as ideal can be vastly different from what either spouse might prefer. People may end up feeling deeply dissatisfied with property division and custody determinations made by a judge. When spouses cooperate, they have the ability to compromise on matters that they deem unimportant.
They can also focus their efforts more on the matters that they find to be the most important. The ability to compromise in some areas while holding firm in others can make collaborative divorce proceedings particularly attractive for those worried about custody arrangements or the preservation of specific resources, such as a professional practice.
Discussing the possibility of a collaborative divorce with a skilled legal team could be empowering for those contemplating divorce. Spouses who work together can protect themselves and their families from the worst aspects of acrimonious, litigated divorces.