The most obvious benefit of a Collaborative Divorce is the reduction in stress and emotional trauma. It’s an alternative to the traditional, adversarial method of resolving divorce in which two sides fight each other in court. Instead of trying to demolish each other through character attacks and public humiliation, both sides in Collaborative Divorce work together in a private setting to come up with a mutually beneficial resolution. Unlike in a long, drawn-out court battle rife with personal conflict, participants in a collaborative settlement walk away with dignity and self-respect.
Another important advantage is the power and control that Collaborative Divorce affords you. In litigation, the final decisions rest with a court-appointed judge, who only knows you through the trial testimony and whose range of options is limited. In a Collaborative Divorce, however, you and your spouse control the negotiations based on your own unique circumstances — with the assistance of your collaborative lawyers. This method allows for tailor-made, outside-the-box solutions that you can adapt to fit your own family situation, whether that involves child custody and visitation, business ownership, dividing high-value assets, or all of these together. It allows for far more creativity and flexibility than the traditional divorce does.
The overall goal of Collaborative Divorce is to craft resolutions that will work for everybody involved in the long term. The process often employs neutral professionals — such as financial advisors or child specialists — to assist the parties and their collaborative family lawyers in addressing the issues of property and children, so that all areas are covered in an expert way without any bias in favor of one party. Everybody focuses on solving the problems rather than on placing blame for them.
So Collaborative Divorce has several advantages over litigation as a process of resolving marital dissolution.