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Why collaborating might be better than collaborative divorce

On Behalf of | Jul 1, 2024 | Divorce

A collaborative divorce may seem like an excellent alternative to a standard litigated divorce. Spouses commit to working with each other instead of fighting against each other. When collaborative divorce proceedings are successful, couples can divorce with less drama and fewer expenses.

Oftentimes, those who want to pursue an uncontested divorce consider a collaborative divorce. However, collaborative divorce isn’t always as beneficial as people think it might be. It is often preferable to collaborate with a spouse prior to divorce court rather than agreeing to collaborative divorce proceedings and signing an agreement with an attorney.

The difference between collaboration and collaborative divorce

On the surface, agreeing to collaborate with the spouse might seem like the same thing as a collaborative divorce. However, collaborative divorce is a specific process. It involves siding an agreement to work cooperatively with a spouse.

If the process is unsuccessful, spouses have to start over from the beginning. Often, they actually have to find new attorneys. Agreeing to partner with a collaborative divorce attorney means that if the process fails, someone has to start over from the beginning. Simply put, if a formal collaborative divorce is not successful, it can drastically increase the cost required to divorce and how long it takes to complete the divorce.

Instead of committing to a collaborative divorce specifically, it may be better for spouses to agree to collaborate by working together to settle disputes and pursue an uncontested divorce.

Informal collaboration can be successful

Spouses don’t have to commit themselves to a collaborative divorce process to work together during divorce proceedings. They can negotiate with one another or through their lawyers and even attend mediation sessions without binding themselves legally to the collaborative process.

For many couples, cooperatively approaching divorce instead of contractually agreeing to collaborate is a better solution. That way, if negotiations fail, they can continue working with the same lawyers. While a collaborative approach to divorce is often beneficial, the actual collaborative divorce process may not be the best solution for divorcing spouses.

Learning more about different solutions for modern uncontested divorce filings can help people identify the best options for their families. Spouses who know the difference between collaborative divorce and actively collaborating with their spouse can make more informed decisions accordingly.