Many divorces are acrimonious. Spouses fight over every detail and need a judge to settle their disputes. Litigated or contested divorces can be incredibly expensive. They can also drag on for months while waiting for time in court and a judge’s ruling.
Although divorce litigation is necessary in some cases, it is avoidable in most scenarios. Couples can reach their own arrangements regarding the division of parental responsibilities and marital assets. Some couples already have contracts in place establishing terms for a divorce should one occur. Others have to reach agreements before they take their case to family court.
Collaborative divorce is one alternative to litigated divorce. Spouses agree to cooperate and to resolve their disputes outside of court. The following are some of the reasons that many people choose a collaborative approach over a litigated divorce.
A desire to minimize conflict
When divorcing couples have children together or when they are part of the same community, they may regularly see each other even after the divorce occurs. Collaborative divorce proceedings provide an opportunity to improve the dynamic between the spouses and practice healthy communication skills. Those who successfully collaborate during a divorce may find it easier to interact with one another in front of their children or community members after the divorce.
Enhanced privacy
Divorce negotiations often force spouses to talk about very private and embarrassing aspects of their marriage. In litigated divorces, those conversations become part of the public record. In collaborative divorce proceedings, spouses can communicate their concerns with each other without discussing those matters in open court. They can factor in marital issues when making key decisions without exposing every private detail of their marriage to the public.
A faster divorce process
Collaborative divorce may require multiple sit-down negotiation sessions or possibly even mediation before the spouses reach a settlement. It can take weeks to negotiate reasonable settlements. However, by settling everything directly early in the divorce, they minimize the amount of time they spend in court.
Collaborative divorces take a bit longer to start in some cases but often reach the end goal of the final divorce decree much more quickly than litigated divorces. Couples require less time in court and, therefore, spend less time waiting for hearings or for a judge to return their opinion on marital issues. The courts still need to hear and approve the settlements reached, but couples may invest less time in the process overall when they collaborate.
Many couples may find that a more amicable approach to divorce works well for their families. Learning about collaborative divorce and other alternatives to traditional litigation can help those who don’t want to struggle through a litigated divorce.
