bertlaw  Mar 12, 2020

Making the Life Changing Decision to Divorce is Often Overwhelming

Should we Collaborate or Litigate?

Making the decision on how to proceed in your divorce can be as important as the decision to divorce itself. Couples using the collaborative process often have a less stressful experience than others which can lead to improved communication in the future compared to a litigated divorce.

Some couples reject a collaborative process because:

1. We do not have a History of Negotiation and Problem Solving.

All divorcing couples have disagreements to work through. You and your spouse will be supported by your attorneys, a certified divorce financial planner on financial issues and a collaborative facilitator on your parenting plan and communication issues. The team of collaborative professionals helps couples find creative solutions that you may have never considered.

2. We have Kids and we can’t Agree on Parenting Time and Decision Making.

A collaborative Divorce is an excellent option for couples with children. Both parents will be able to present their wishes and circumstances to the neutral facilitator and/or child specialist if one has been engaged. These experts will then help the two of you create a parenting plan that addresses the best interests of your children. Analysis has shown that a negotiated agreement crafted and agreed upon by the parties will be adhered to much more than a court order prepared as a result of the conflict.

3. We have a lot of assets, so we have to do Formal Discovery Through a Traditional Divorce.

That is not correct. The collaborative process is a method of getting divorced. Regardless of the method used the mandatory disclosures are the same. In a collaborative divorce, a neutral financial specialist is there to help you gather and exchange with your spouse all of the mandatory disclosures required by the state.

A collaborative divorce is a great option for you and your spouse even if your case is complicated. Both parties involved will have a chance to have their voices heard, and the opportunity to work through their differences in a private and confidential setting. You will have more control over your situation and thus avoid the battle of experts as seen in litigated cases.