Divorce can be challenging for any family. However, it doesn’t have to be combative or contentious. It can be collaborative, allowing couples to work out their differences while avoiding the stress of going to court.
The new trend in splitting up is collaborative divorce. This option for reaching divorce agreements is not just for wealthy couples with significant assets. Collaborative divorce can benefit any couple in which both parties are willing to work together to resolve their issues amicably.
What Is a Collaborative Divorce?
Collaborative divorce is another form of alternative dispute resolution. The collaborative divorce process allows partners to negotiate the terms of their divorce by working together, giving each party more control over the process. The goal is to foster meaningful conversations between partners, giving them the tools to communicate their needs and concerns to reach a mutually acceptable agreement addressing property division, spousal support, child custody, and visitation issues.
The collaborative divorce process begins when each partner signs a contract agreeing to work together to settle the terms of their divorce. Each spouse retains their own attorney or legal team that helps them understand their legal rights and advocates for them during the process. However, the parties and counsel agree not to take the matter into the court system. Should one party change his/her mind about participating, the attorneys assisting in the collaborative process cannot then represent either of the parties in court.
The collaborative process also involves other professionals who can offer unique insights and help, such as neutral financial professionals and mental health professionals who can offer professional guidance and moral support.
Benefits of Choosing a Collaborative Divorce
There are several potential benefits to exploring a collaborative divorce to resolve your legal issues. First and foremost, a collaborative divorce can help you communicate with your partner, preparing you both for a cooperative and functional co-parenting relationship or preserving your relationship with your spouse. Other benefits of choosing a collaborative divorce include:
- Avoiding litigation – A successful collaborative divorce means you and your spouse can avoid litigation and a potentially contentious court battle.
- Retaining privacy – Court cases are public records. Resolving your differences through a collaborative divorce gives you and your family privacy and allows you to keep the details of your negotiations confidential.
- Teaching effective communication and problem-solving skills – Separating assets, agreeing on spousal support, and making child custody arrangements aren’t the only challenges you and your spouse must overcome. If you have children or other personal ties, you may need to cooperate with your partner in the future. Collaborative divorce can give you the tools and problem-solving skills to work through future concerns amicably.
- Saving time – Preparing a case for trial and going through the Pennsylvania legal system takes time. Sometimes, months or even years may pass before you finalize your divorce. Working together on a collaborative divorce can save you time and resolve your issues more quickly.
- Saving you money – In addition to time, collaborative divorce can also save you money. Legal fees can potentially be significant if you are fighting a years-long legal battle with your spouse. Collaborative divorce tends to be much less expensive than a traditional divorce.
- Reducing stress and anxiety – Your mental health is essential. Working with your partner to address your issues and resolve your separation instead of going to court can reduce stress and anxiety. It can also positively impact your mental health and relationships. Sometimes, it may also be an excellent way to show children that you and your partner can still work together and resolve issues without conflict.
- Obtaining input of mutually chosen professionals – The professionals involved in the process are jointly chosen, so there is no “battle of the experts.” Further, financial experts can provide financial advice that focuses on the whole family, and not just one party. Therapeutic experts can provide guidance for working together or addressing concerns regarding the children. In this setting, the parties receive the same information and advice, so everyone is on the same page.
- Reaching customized solutions – One of the most crucial benefits of trying a collaborative divorce is that it allows you and your partner to customize the terms of your divorce agreement. You both get to decide what works for you, not a judge. You retain control over the process and have a voice in the outcome.
Splitting up is never easy, but it doesn’t have to be contentious and complicated. Collaborative divorce is a different approach to separation that couples from all walks of life and economic backgrounds can benefit from exploring as an option. You don’t have to be well-off to consider collaborative divorce, and in terms of saving time and money, it may be a better option for your family and budget.
Family Values Are Our Values
At BKW Family Law, our compassionate family law attorneys care about you and your family. We want to work with you to find legal solutions that address your unique needs and concerns, allowing you to move forward with your life positively. We work hard to advocate for you and ensure the best outcome possible for your situation.
Our doors are always open if you want to explore the benefits of a collaborative divorce. Contact our office today for a confidential discussion about your situation and how we can help you and your family. We are here to support you.