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What is a collaborative divorce?

On Behalf of | May 19, 2020 | Firm News |

Divorce can be many things, but there is one thing it normally is not: pleasant. Generally, there are many negative emotions surrounding a divorce, and this is prior to digging into the legalese of it.

However, if you can manage to keep a working relationship with your ex-spouse, you may find that the divorce process is easier and cheaper than you originally anticipated. According to Forbes Magazine, collaborative divorce is a form of a divorce that requires fewer legal personnel, thus lowering the cost and time it takes to get through the process.

What are the different varieties of divorce?

The most publicized form of divorce is trial divorce. Trial divorce is often the only option if the divorce is extremely acrimonious in nature. This is when multiple lawyers and judges divide the assets between the parties. This type of divorce is the most expensive.

In a collaborative divorce, both parties have their own lawyers to represent their interests; however, the divorce takes place across a conference table rather than in a courtroom. Both parties will discuss their needs and wants, and then collaborate on the actual outcome.

The simplest variety of divorce is a mediated divorce. In mediated divorce, often both parties share a lawyer, or there is no lawyer at all.

What are the advantages of collaboration?

Collaborated divorces tend to go swifter than trial divorces. They also allow the participants to have more of a direct say in the outcome, as they are negotiating on the terms rather than having an impartial judge decide them. However, as both parties have their own lawyers there is additional protection and legal advice at hand for smoothing over the rough patches.