People often think of divorce as a contentious, negative process. While divorce can be acrimonious and challenging, spouses can also cooperate with one another. One of the ways that people reduce the level of conflict that arises during divorce is through a collaborative process. Collaborative divorce proceedings involve a commitment to working with one another.
Spouses can potentially move forward with an uncontested divorce if they resolve their disagreements through collaboration. The following are some of the benefits that might motivate spouses to consider a collaborative approach.
Commitment to an uncontested process
Spouses can verbally promise that they don’t intend to hire an attorney or fight over divorce details. However, they can back out of those promises with little or no warning. One spouse could show up to court with an attorney or start pushing for highly imbalanced divorce terms after promising to be cooperative. Collaborative divorce requires a signed agreement. Spouses commit to working together and generally have to begin the process over from the start if they cannot collaborate.
The ability to address complicating factors
The circumstances of a marriage can have a direct impact on what people expect during a divorce. If one spouse cheated on the other or wasted a large amount of marital income on a gambling addiction, the other spouse may want to integrate those issues into the final divorce settlement. Substance abuse concerns and mental health challenges could affect parenting capacity, forcing spouses to have very personal conversations about custody. Collaborative divorce negotiations often involve attorneys or even mediation. Spouses can count on confidentiality in such scenarios, as what they discuss does not become part of the public record.
Control over the outcome
Collaborative divorce requires compromise. That being said, each spouse has an opportunity to focus on the issues that matter the most to them. They can agree to concessions in certain aspects of the divorce while holding firm regarding their demands on other key issues. In a litigated divorce, a judge makes all of the biggest decisions regarding financial matters and parenting issues. Spouses who feel strongly about achieving specific terms may find that collaboration improves their chances of securing those specific terms.
Exploring every different approach to divorce can help spouses find the arrangement that works for them. Collaborative approaches can help spouses who disagree on certain issues resolve their disputes and move forward with an uncontested divorce.