4 Reasons to Consider a Collaborative Divorce

 Posted on May 16, 2018 in Divorce

When you think of the word divorce, you probably think of scenes in movies and television with couples screaming at each other over their issues and sitting in the courtroom while a judge decides their fate. However, the reality is that many couples seek a calm and refined dissolution of their marriage--this is where collaborative divorce comes in.

What Is Collaborative Divorce?

Collaborative divorce is a way that a couple can get divorced without the stress or intervention of the court system. The point of collaborative law is to avoid litigation and keep control over the outcomes of certain divorce issues, such as the division of assets and property, child custody and support agreements, and spousal maintenance. Each spouse will work with their own attorney who is trained in collaborative law, in addition to a team of professionals from different fields to come to an agreement. The process begins when the couple and their attorneys sign a legally binding contract--called a participation agreement--to agree to resolve their marital disputes outside of the courtroom.

Reasons to Consider a Collaborative Divorce

There are many benefits to choosing a collaborative divorce over a traditional divorce. While collaborative divorce might not be right for everyone, exploring your options could benefit you in the long run in a variety of ways, including:

1. It Saves Time

When you proceed with a traditional divorce, you may end up spending months, if not years, in the courtroom. The process can be lengthy and highly stressful. A collaborative divorce allows you to control the pace at which your divorce is handled. If you and your spouse want to get it over with as soon as possible, you can move forward with the collaborative divorce process quickly.

2. It Is Cost Effective

Though collaborative divorce costs money, the same is true of any divorce. When you resort to litigation in a divorce, you are resorting to paying more money. The more issues you have to resolve in court, the higher the cost of the divorce. Not only do you have to pay attorneys their hourly rate, but you also have to pay document filing fees, costs related to evaluations (if needed), and other court costs. With a collaborative divorce, all issues are settled before you go to court, allowing you to complete the process more efficiently and cost-effectively.

3. You Control the Outcome

Collaborative divorce attorneys and support teams use a problem solving approach when it comes to settling issues--they hear your side of the story and provide you with suggestions on how to settle the issues, rather than deciding for you. Because you are settling issues outside of the courtroom, you are able to make the decisions that affect you and your family, rather than leaving these decisions up to a judge. You can come up with creative solutions that are in the best interests of everyone, and you can leave feeling satisfied that you reached the best settlement possible.

4. It Promotes Amicability Between Spouses

Often, a divorce does not end on good terms. Spouses may be hostile toward one another, or they may work against each other so that they can “win.” In divorces that involve children, quarreling parents can provide a stressful and emotionally damaging environment. Collaborative divorce expects spouses to be respectful toward one another and to work together to find a solution. This can not only prove better for the well-being of the family, but can also improve the chances that agreements are followed post-divorce. 

Choose a Schaumburg Collaborative Law Attorney to Represent You

While divorce is never easy or fun, a collaborative divorce can be the least stressful and emotionally disruptive option for your family. With the help of a dedicated Barrington collaborative divorce lawyer, you can reach an agreement with your spouse that you are both satisfied with. The attorneys at A. Traub & Associates can provide you with the legal expertise to create a successful divorce agreement. Call 630-426-0196 to schedule an initial consultation.

Sources:

https://collablawil.org/benefits-of-collaborative-divorce/

https://www.isba.org/committees/women/newsletter/2008/01/collaborativedivorce