When two people seek a divorce, it is often a tough time for all involved. In many situations, a couple agrees that they would like to make the divorce process as amicable as possible. At this point, a couple has the option to choose between two alternative dispute processes, mediation or collaborative divorce.
Similar to marriages, there are no two divorces that are the same. In making this point, it is important to note that when deciding between collaboration and mediation, there isn’t a clear distinction proving that one is better than the other. In fact, determining the better choice will be directly dependent on each couple’s individual circumstances. Today, we will focus on when it may be best to pursue a collaborative divorce.
When There Are Children Involved
Contrary to popular belief, it is not the divorce that has an adverse impact on children; it is the level of marital conflict that can exist as a result of the divorce. The collaborative divorce process helps protect children against this conflict and the negative implications associated with a divorce through promoting a problem solving environment.
With a collaborative divorce, a child’s needs are made the priority so any actions taken are always in the child’s best interest. In making the decision to put children first, parents agree not to involve their children in disagreements. Parents will also refrain from using children as message carriers and will commit to speaking respectfully about each other. These actions help maintain a child’s health and well being because they promote a healthy environment where children are free to love both parents.
When You Want Control over the Outcome
Avoid Litigation
Unlike a traditional divorce where litigation is involved, a significant benefit to collaborative law is that you and your former spouse are in complete control of the decisions being made.
Design Your Resolution
Working with a collaborative attorney allows you and your spouse to develop an agreement that works best for you and your entire family.
When You Feel Comfortable Communicating and Being Honest
The core belief supporting the collaborative divorce process is that divorce is a major life event that involves legal, emotional and financial elements. To help couples make decisions throughout the divorce process, the trained professional collaborative team guides the parties, answering questions and providing input along the way. It is important that when working with these professionals, you keep a clear and honest line of communication open because it can help ensure that the decisions made by you and your spouse are those that best serve your entire family.
When You Are Decisive
It is true that you will have experts providing guidance during the collaborative divorce process. However, it is important to remember that you and your former spouse will ultimately decide what settlement terms work best. If you are unable to make a decision and reach an agreement during the collaborative process, you may find a more traditional form of divorce works better for you.