Don't Fight!

Avoiding Combative Litigation with Collaborative Divorce

Don't Fight!There are many benefits to choosing a collaborative divorce over the traditional “you vs. them” approach. Preserving the family dynamic, protecting any children or other family members involved from unnecessary stress and drama, and honoring your relationship with your former partner as it transitions are all invaluable elements of the collaborative process.

Another benefit of a collaborative divorce is the potential to avoid more combative litigation as the divorce proceeds. Divorce is an emotional experience, fraught with mixed emotions that are further complicated by the need to resolve practical issues. By choosing representation that is focused on cooperative resolution, you can mitigate much of the strain, both emotional and financial, that many assume is an unavoidable byproduct of the divorce process.

When you and your partner choose a collaborative divorce process, you are committing to achieve a mutually acceptable resolution for both parties on all the important issues. Once designated as collaborative attorneys for the parties, neither attorney can go to court to resolve outstanding issues and must withdraw from the case if either party terminates the collaborative process. The collaborative family law process:

  • Allows each party to move at his or her pace
  • Reduces acrimony
  • Reduces uncertainty
  • Reduces inefficiency
  • Supports and preserves self-respect and respect for the other person
  • Maintains privacy
  • Promotes a healthy revised family structure

While there are sure to be bumps in the road in any divorce process, by committing to collaboration and open communication, you and your former spouse can avoid getting into the warlike mentality that can unfortunately arise from such a difficult life decision. By choosing to operate with respect and transparency from the beginning, both parties can ensure that combative litigation is unnecessary, and that a positive future, post-divorce, is possible.


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