Collaborative divorce is a relatively new and less complex way of handling a dissolution of marriage. At first, you might confuse it with mediation, but there is one major difference.
If you do not come to an agreement during mediation, you can continue to litigation using the same attorney or representative. During a collaborative divorce, all parties sign a statement that says the divorce will not go to litigation even if you don’t reach an agreement.
Benefits of a collaborative divorce
One of the primary benefits of a collaborative divorce is that it is less expensive than litigation. A contested divorce can cost thousands of dollars, while a collaborative divorce is less expensive as long as you can agree.
Your information remains private. During litigation, most of the information is public record.
Since you and your partner are engaging in a collaborative divorce voluntarily, you are more likely to come to an equitable solution. You and your partner are also more likely to stick to the agreement.
Since this type of divorce requires a commitment to resolving your issues, you make concessions during the process.
Drawbacks of a collaborative divorce
One of the primary drawbacks of a collaborative divorce is that if you do not come to an agreement, you will need to start all over. You cannot go to court immediately after like you can with mediation.
In certain cases, the judge might not allow you to use collaborative divorce as a settlement. This is due to the fear that a party may use coercion.
Knowing the benefits and drawbacks of collaborative divorce can help you decide the best course of action for you.