Collaborative Divorce FAQs (Pt. 2)

Posted: 17 September, 2019

Picking up from where Collaborative Divorce FAQs (Pt. 1) left off, here, we will continue to respond to some commonly asked questions regarding the collaborative divorce process.

Q – How is collaborative divorce different than traditional litigation?

A – In many ways. First, traditional litigation involves the oversight of a judge and the court. While this means that the judge will set the schedule for how divorce cases proceed, it also means that the judge will be responsible issuing final rulings regarding all matters of the divorce.

In contrast, with collaborative divorce, the courts are not involved at all. Instead, in this process, it will be in the hands of the ex-spouses, who will set the pace of their case and come to a final decision regarding all of the issues of the divorce. This can end up making collaborative divorce far more empowering and satisfying than traditional litigation.

In fact, in the best cases, collaborative divorce can help couples learn new ways to communicate and maybe even become friends. This can go a long way to helping foster stable, loving environments for children in the uncertainty of post-divorce life.

Q – Is collaborative divorce faster and cheaper than the traditional divorce process?

A – It often can be. Of course, every divorce is different, and issues can arise in collaborative divorce that can ultimately make it necessary to resolve the divorce in court. However, in many cases, couples are able to resolve their divorce cases far more quickly than they could through traditional proceedings, which ultimately saves them money while minimizing their emotional stress.

In fact, even in cases when collaborative divorce cannot offer any financial or time savings, it can still provide couples with a more positive, creative and less adversarial way to resolve their divorce.

Q – When is it a better idea for couples to pursue collaborative divorce, as opposed to traditional divorce?

A – Couples who are generally encouraged to pursue collaborative divorce versus traditional divorce include those who:

  • Can communicate with each other
  • Are dedicated to co-parenting their children
  • Want the proceedings to be respectful, rational and less adversarial.

In contrast, collaborative divorce is usually not recommended for couples who:

  • Constantly fight and cannot rationally communicate with each other
  • Are intent on exacting revenge on each other
  • May be dealing with domestic violence or any kind of abuse.

Be sure to look for the conclusion to this blog series that will be published soon!

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