Spouses who benefit from Collaborative Divorce are those who are mutually focused on addressing their divorce issues in a spirit of cooperation, honesty and openness. Furthermore, some people believe that they and their spouse must be getting along (i.e. communicating well, focused on solutions, etc.) in order to proceed with Collaborative Divorce. This isn’t necessarily the case. The basic attitude and mindset that makes Collaborative Divorce work is a willingness to put aside personal grudges, and focus on solving divorce issues in a manner that is mutually acceptable. Collaborative Divorce is also worth considering if you have children, and are dedicated to developing solutions that are in their best interests.
In addition, because the Collaborative Divorce process involves other professionals – such as financial advisors, child specialists, etc. – both spouses can be assured of having an equal voice at the negotiating table, even if during the marriage one spouse had more control or say in a particular aspect of the marriage (i.e. handling the finances, etc.).
Yet as noted above, Collaborative Divorce isn’t for all couples. It doesn’t work with one (or both) spouses are focused on attacking instead of finding solutions. It’s also not generally recommended by some experts as a resolution method whenever there are issues of substance or alcohol abuse, domestic violence or mental health issues.
Ultimately, whether Collaborative Divorce will work or won’t work depends on the unique details of each case. Speak with a Collaborative Divorce Lawyer to see if this approach could work best for you.
By Josh D. Simon