Divorce is already an emotional experience. However, it doesn’t need to be an expensive, drawn-out court battle.
That’s why many couples are looking for alternatives to traditional litigation. One such option is the collaborative divorce. It can minimize conflict, but is it right for you?
Collaborative divorce vs mediation
In a collaborative divorce process, both spouses commit to resolving their issues, such as child and spousal support, co-parenting and property division without going to court. Instead, both parties work together in structured meetings to reach a mutually acceptable solution.
In addition to their attorneys, the collaborative divorce team may include neutral professionals such as:
- A child therapist
- A financial advisor
- Mental health counselor
By focusing on transparency and problem-solving, spouses can create long-term solutions that work for the whole family.
While mediation and collaborative divorce share similar goals, there is one key difference. In mediation, there is a neutral mediator who guides the discussion between the spouses. In a collaborative divorce, each spouse has their own attorney involved in the process. This ensures each person fully understands their rights.
A collaborative divorce offers several potential benefits, such as:
- Privacy
- Less conflict
- Customized solutions
- Better for children
Still, there are situations where collaboration might not be the best fit, including:
- Cases involving domestic violence
- One spouse has narcissistic personality disorder
- There is a history of substance abuse
- One party violates the trust and transparency, or is unwilling to compromise
Unless both spouses are wholly committed to the process, a collaborative divorce can’t work. In that event, the couple moves to traditional divorce litigation.
Choosing a divorce process is a personal decision. If you are considering a collaborative divorce, you will want to speak with someone with expertise in litigation alternatives. They can review your situation and help you make the best choice.
