You may turn to collaborative divorce for a variety of reasons.
Maybe you want to maintain control of the divorce process instead of leaving the decisions up to a judge. You may simply wish to avoid the adversarial divorce you saw your parents have.
Traditional, court-based divorces can often be emotionally draining and difficult, especially for any children involved. Collaborative divorce seeks to avoid the hostility of court-based divorce by giving equal consideration to the interests of both spouses. Let’s see how we can reduce hostility with this strategy.
When you’re ready, setup a free initial consultation with Jennifer Nixon to learn more about how she can work with you in your situation.
Control Is Retained By You & Your Spouse, Not The Court
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Collaborative divorce keeps the power in your hands, not the court’s.
The collaborative process requires both parties’ attorneys to commit to the process and not rely on court-based solutions. If for some reason the process does not work, the attorneys will remove themselves from the proceedings and new attorneys must be retained. This encourages parties to see the process through, and allows for more open discussions and creative problem solving. Once a full settlement is reached, the court still reviews and signs the agreement in an order, meaning it can be enforced in the court in the future if it needs to be.
Also, because a court is not monitoring the case and moving it forward on the calendar, the parties are able to advance at their own pace, and in a non-confrontational manner.
Family Needs Are Kept At Forefront
When collaborative divorce professionals are retained, they work to serve your entire family’s needs. Children especially are protected, using a child or family specialist to help find the best solution for your children. A child specialist might meet with your children, to find out more about them and what they need from a parenting time arrangement, without putting them in the middle or asking them to choose sides. While your attorney is a representative in your corner just like in the traditional, court-based process, the entire team works together to find amenable solutions that will work for the entire family.
These strategies work best in a relationship where the couple does not have a power imbalance.
Open Communication And Honesty Are The Norm
When it comes to divorce, things can get messy. But with collaborative divorce, open communication and honesty are absolutely necessary for the process to work. The goal is to find a compromise which works for everyone. While both attorneys respect their clients wishes, it’s important to be completely honest and to trust that your spouse is also being honest so the whole family can leave with the best outcome.