Is collaborative law divorce right for you?

On Behalf of | Feb 28, 2020 | Collaborative Law |

Collaborative law divorce is an excellent way to end a marriage without fights. It is where divorcing couples sit together with their respective attorneys and negotiate to come up with an appropriate solution. Many couples have seen this as a more straightforward process as opposed to the traditional courtroom model. According to the International Academy of Collaborative Professionals, collaborative law is better than a court divorce in many ways.

Other advantages of collaborative law divorce include;

  • Settling things out of court
  • Privacy
  • Cost efficiency
  • Expert and coaching help
  • Open communication
  • Not involving children

Statistics indicate that collaborative law has solved 99% of divorce cases so far out of court. However, this divorce method might not work for everyone. The parties involved must have a clear understanding of the rules. The attorneys are responsible for explaining the terms of the whole process and ensure everybody is ready to go through it.

Here are circumstances where collaborative law divorce may not work.

  • One spouse is not willing to cooperate with the negotiation and disclosure process
  • When one spouse is prone to physical or emotional violence
  • If a spouse is mentally disabled hence disadvantaged
  • When one spouse is intimidating or has more influence over the other

Even with the absence of the above circumstances, collaborative law may still fail. If this happens, the spouses will hire new attorneys and continue with the divorce through a traditional divorce court process.

Court processes are very devastating and costly but are necessary in some cases. It takes two people of good faith to resolve things out of court. If that cannot work, there is no other option but to let the judge decide.