Unlike what you know of a traditional divorce, a collaborative divorce process is a mutually respectful, open-minded process that focuses on joint problem solving. The goal in a collaborative divorce is to reach an agreement without going to Court by developing an effective relationship with one’s ex-spouse that allows both parties to make joint decisions without having to repeatedly petition the court or to repeatedly consult with their attorneys.
Collaborative divorces are constructed so that it teaches the divorcing parties how to interact with each other respectfully and cooperatively, with the hopes of getting rid of any negative feelings that they may have towards one another for the future.
Furthermore, collaborative divorces typically involve more than just the two divorcing individuals, their lawyers, and the courts. They often involve an expanded team of professionals. In addition to the family lawyers involved, these professionals include financial experts and counselors. The goal is to ensure that every facet and issue of a divorce is addressed so that the divorce can be as collaborative and inclusive as possible. Considering that a collaborative divorce involves more individuals than standard litigation or mediation, the parties have more access to information, more guidance from experts, more transparency through the proceedings, and more mutually beneficial solutions.
One of the most important benefits of a collaborative divorce is the preservation of a relationship between the divorcing parties during the process. With a divorce done through litigation, parties are often pitted against one another and develop resentment and discord.
However, through a collaborative divorce, the parties agree to be mutually respectful and open with one another. They learn to work with each other rather than against one another. A collaborative divorce establishes a means by which the parties can learn how to resolve their problems in the future without needing to litigate and constantly return back to court.
Every divorce is different, and the collaborative divorce process may benefit the parties in one divorce, but may not be beneficial to another divorcing couple for a variety of reasons.