Life doesn’t always unfold as we envision it. For instance, a marriage you had expected to last forever may take an unexpected turn.
When faced with the prospect of divorce as the only available option, it’s natural to wonder how to navigate the process. You may ask yourself whether a collaborative approach to the separation would be ideal with your partner.
Today’s blog will help you answer this question. It will list the situations when collaborative divorces work and when litigation is the only way forward. Join us below.
What Is a Collaborative Divorce?
We’ve all watched TV shows that featured divorce scenes. Most of the time, they’re high-stakes legal procedures plagued by drama and spite. TV may manipulate you to think that’s how things essentially operate in the real world.
The reality is that divorces can follow a much more civilized and simpler approach. A collaborative divorce, for example, requires that you agree on the terms of the separation with your soon-to-be ex.
There’s no legal drama here. It’s a room with you, your spouse, and, if need be, additional experts to assist in the negotiation. Is this something you can handle? Can your partner? Read on for more insights.
Should You Collaborate With Your Ex?
While it’s a simpler means to an end, it’s by no means an easier one. A collaborative divorce will demand several commitments from you and your soon-to-be ex.
Approach the process with civility and set aside all resentment. Harboring ill feelings towards your ex for something they did will cause more harm than good in the long run.
You see, a collaborative divorce demands a win-win mindset. When you enter that room to divide assets equally and agree on what’s best for your children, you are already miles ahead.
When Is a Collaborative Divorce a Bad Idea?
We agree. There are situations where a collaborative approach to your divorce won’t work.
Most of the time, it depends on the road that led you here. If it was plagued by domestic violence, infidelity, or anything else that has fostered resentment between you, collaboration isn’t ideal.
“Emotions like hatred may cause one or both of you to reject accountability, hide assets, have emotional outbursts, and sometimes even use the children as leverage. When that happens, bad decisions tend to be made,” says family attorney Paul Riley of The Riley Divorce and Family Law Firm.
In such situations, litigation is ideal. A judge will listen to your case and draft the terms of the separation in a free and fair manner. They will decide on child custody in the best interest of your children, whether you like it or not.
Why You Should Opt for Collaborative Divorce
Airing your grievances in the courtroom during divorce proceedings may cause more harm than good in the long run. For one, it can create an adversarial atmosphere between you and your ex, which might increase resentment, making co-parenting more challenging afterward.
Let’s not forget the fact that litigation is expensive and time-consuming. That’s why a collaborative divorce is the better option. It gives you the flexibility to chart the path your divorce will take. You have more room to speak freely, express your concerns, and ensure everyone is satisfied with the outcome.
Also Read : Key Qualities That Make a Difference When Choosing a Divorce Attorney
