How is collaborative divorce different from traditional divorce?

On Behalf of | May 12, 2022 | Divorce

When people start going through a divorce, their first thoughts may go to gearing up for a fight. Divorces can be emotional and people may want to make their spouse pay for why the marriage is ending. There are others who may still be upset and emotional, but do not want a long, drawn-out divorce that drags on through the courts. People have options for how to proceed through divorces though and can either utilize the California state courts or utilize other less confrontational options.

One of these less confrontational options is collaborative divorce. This process is for couples who both want to reach a fair resolution between themselves. It isn’t the right option for every person or every situation, but if both sides are committed to reaching a fair resolution, the process can be superior to other methods. Compared to going to trial, an out-of-court settlement through collaborative divorce tends to be faster and less expensive. This method also gives the parties more control over their outcomes, rather than letting a court decide. Compared to other methods, collaborative divorce tends to reduce the animosity and long-lasting bitterness that so often accompany divorce.

How the collaborative divorce process works

Through collaborative divorce, each spouse can retain attorneys trained in collaborative divorce who are there to help the couple reach agreements as opposed to their traditional role of being a zealous advocate for their client’s position on each issue. People still receive advice from their attorneys about their rights, but through the process the couple signs an agreement stating they will not go to court. If the process breaks down, then the spouses would need to hire new attorneys for court proceedings.

People going through the collaborative process will not just be with their attorneys the entire time. There may be other professionals involved depending on the circumstances. Couples may need appraisals, custody specialists, accountants and other professionals to provide input on certain aspects of the divorce.

There are some people who have made their minds up on resolving their divorce through litigation. However, there are any who prefer to avoid the costs and hassles of  court, if possible. For the people in this position, collaborative divorce may be a good option.

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