Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

When Would I Need a Collaborative Divorce Lawyer?

Collaborative Divorce: What You Need to Know

Divorce can often be a difficult, emotionally charged process, but it doesn’t always have to end in courtroom drama. More and more couples are choosing to settle their differences outside of court, and one of the most popular alternatives is a collaborative divorce. A collaborative divorce allows both parties to work together with their lawyers to come to an agreement on key issues without the need for a judge to intervene. This blog will help you understand collaborative divorce, its benefits and drawbacks, if it’s the right choice for you, and how to contact a collaborative divorce lawyer at Divorce Matters®.

What Is Collaborative Divorce?

A collaborative divorce is a form of divorce in which both spouses and their respective attorneys work together to reach a mutually beneficial agreement without going to court. The process is designed to be amicable, allowing both parties to settle their differences respectfully and constructively. In a collaborative divorce, the couple works together, along with a collaborative divorce lawyer, to resolve issues such as asset division, child custody, and support arrangements.

A collaborative divorce is similar to mediation, with both parties looking to settle outside of court. However, each party is represented by a collaborative divorce lawyer, who is available to offer advice and help the parties reach an agreement. If the process is not working, however, the lawyers must withdraw. The parties must then choose new lawyers and go through a traditional divorce.

The Benefits of Collaborative Divorce

A collaborative divorce offers several advantages that make it an attractive option for many couples who want to avoid the contentiousness of a traditional divorce. Here are some of the key benefits:

1. Speed and Flexibility

Since the process takes place outside of the courtroom, there is no need to wait for court dates or be bound by the court’s schedule. This flexibility allows for a more efficient process, helping both parties move forward with their lives.

2. Control Over the Outcome

In a collaborative divorce, both spouses have the opportunity to actively participate in the decision-making process, giving them more control over the outcome. Unlike a court trial where a judge makes the final decisions, in a collaborative divorce, the couple has the power to agree on asset division, child custody arrangements, and other critical issues that affect their future.

3. Reduced Emotional Stress

Collaborative divorce is designed to be less confrontational than traditional divorce proceedings. By focusing on cooperation rather than competition, the process can reduce the emotional toll on both parties. This is particularly beneficial if you have children and want to minimize the impact of the divorce on them. A more amicable process can help preserve the relationship between the spouses, making it easier to co-parent in the future.

4. Confidentiality

Collaborative divorce proceedings are private, unlike court trials which are a matter of public record. This allows both spouses to discuss sensitive issues without the fear of their matters becoming public knowledge.

Disadvantages of Collaborative Divorce

While a collaborative divorce can be an excellent choice for many couples, it is not the right option for everyone. There are some potential disadvantages and risks that you should be aware of before deciding whether to proceed with this approach.

1. Not Suitable for High-Conflict Couples

A collaborative divorce requires both parties to work together in a cooperative manner. If you and your spouse are unable to communicate effectively or if there is significant conflict, the process may not be successful.

2. Power Imbalances

There is also the concern that in a collaborative divorce, cases of domestic violence, mental illness, and substance abuse will go unnoticed. People in these categories are often unable to make sound decisions, so this could lead to one party making decisions and receiving a greater share of the assets.

3. Full Disclosure Is Required

In a collaborative divorce, both parties are required to fully disclose all assets, debts, and financial information. While this promotes transparency, it can be a challenge. Many people hide larger assets so they cannot be split in a divorce, so this can be an issue. Both spouses also must work to communicate openly and honestly.

4. Potential for Disruption

If the process fails and the parties are unable to come to an agreement, each collaborative divorce lawyer must withdraw from the case. The couple will then need to start over with new attorneys and may have to go through a lengthy and costly traditional divorce. This risk should be carefully considered before deciding whether to proceed with a collaborative divorce.

5. Potential Expenses

While collaborative divorce does save some money by not entering the courtroom, there are other costs that can come up. These include the cost of hiring a psychologist to help decide the best interests of children or hiring a financial planner to help determine how to divide assets.

Deciding if Collaborative Divorce Is Right for You

So, how do you know if a collaborative divorce is the right choice for your situation? Here are some factors to consider:

  • Willingness to Cooperate: If you and your spouse can communicate openly and are willing to work together to find a mutually beneficial solution, a collaborative divorce may be a good fit. If there is an ongoing conflict or a lack of trust, it may be difficult to make the process work.
  • Desire for Control: A collaborative divorce allows both parties to have more control over the outcome. If you want to avoid a judge making decisions about your life, collaborative divorce allows you to shape your future.
  • Financial and Emotional Considerations: A collaborative divorce tends to be faster and less expensive than a traditional divorce, making it a more financially viable option. Additionally, the less-adversarial nature of the process can reduce emotional stress, which can be particularly important if children are involved.
  • Safety and Fairness: If there are concerns about domestic violence or other power imbalances, it is important to assess whether collaborative divorce is safe and fair for both parties. If one spouse feels threatened or coerced, other options, such as traditional litigation, may be necessary.

A collaborative divorce is a good choice for couples who are willing to cooperate. However, divorce brings out heightened emotions, and if working together with your spouse doesn’t sound possible, a collaborative divorce may not work for you.

Conclusion

A collaborative divorce can be beneficial for many divorcing couples, but it’s not the ideal solution for everyone. The attorneys at Divorce Matters® can pair you with a collaborative divorce lawyer to determine if this solution is right for you. Collaborative law has its limits, but if you want to avoid going to court and feel that you and your spouse can agree on key issues, it may work for you.

If you’re wondering if collaborative divorce is the right way to go, consult with an experienced collaborative divorce lawyer to help you navigate the process and make an informed decision.