What are some of the benefits of collaborative divorce?
Collaborative divorce has several benefits compared to traditional litigation. To begin with, a key benefit of collaborative divorce, and probably the most obvious one as well, is that it can help reduce stress and emotional trauma compared to litigation – which is adversarial and, by definition, requires that both sides in essence “fight it out in court.” With collaborative divorce, neither side has an incentive to attack each other and go to war in court. Instead, they are guided to work together in a safe, private setting (i.e. not in a public courtroom), where they can work with their respective collaborative divorce teams to create a resolution that works for both parties – not just one at the cost of the other. Ultimately, spouses in collaborative divorce leave the experience with their heads held high, and their dignity intact. Unfortunately, the same can’t often be said for spouses who battle it out in court.
A second key benefit of collaborative divorce is that it empowers spouses to make decisions that will affect their lives, and those of their children – instead of leaving these decisions in the hands of a judge, who hardly knows the spouses and the unique details of each family situation. Plus, trial judges are forced to choose a rather limited range of options, whereas collaborative divorce enables spouses to develop creative solutions – including those related to child custody, support, asset allocation, and other important issues that arise in a divorce.
Really, the ultimate goal of collaborative divorce is to help spouses (along with their collaborative divorce Lawyers and any other professionals involved in the process) design a resolution that works for all parties – and not just for today, either, but for the long-term. Members of the aforementioned team include neutral professionals, such as child specialists and financial advisors, who work with spouses and their lawyers to address key issues. These professionals have no bias or incentive to support one spouse vs. another. They are present to provide input, and help the spouses move towards problem solving, and away from playing the “blame game.”
By Josh D. Simon