Collaborative divorce is one of the most effective alternatives to litigation, where both sides have to be willing to come to the table and settle their affairs amicably despite emotions running high. When successful, the results can be quite illuminating for families, resulting in various benefits.
The collaborative divorce process is fairly simple: Trained collaborative lawyers, sometimes along with therapists and financial professionals to support them, work toward reaching a resolution on behalf of their clients without a judge intervening. There is a caveat, and that is, if the divorcing spouses ultimately don’t agree, they can end up back where they started. Thus, both partners should possess a certain level of emotional maturity for this method to have a chance of working.
It is generally to the benefit of couples who are able to work together to pursue a collaborative divorce rather than a traditional divorce, which can be replete with adversarial tactics, including court appearances, for numerous reasons that follow. But first, here is a brief overview of how the collaborative divorce process works and what it entails.
How Collaborative Divorce Works
In a collaborative divorce, each spouse hires a collaboratively trained attorney to represent them. To utilize the collaborative method, a collaborative lawyer will first advise their client about what is expected of them during the collaborative process, which includes committing to certain principles that are based on good faith and a demonstration of respect for the opposing party without the direct oversight of a judge to guide them.
As the parties go through their divorce, they will each communicate with their respective attorneys to devise a strategy that prioritizes their interests, including, hopefully, what will be in the best interests of their children, if they have any. Both clients will also attend meetings alongside their collaborative respective attorneys. Based on these negotiations, the collaborative lawyers will draft an agreement that must be filed with the court to finalize their divorce.
If discussions break down, both spouses’ collaborative attorneys must resign from the case. At that point, the parties must start over with new attorneys to prevent bias, since the collaborative attorneys will have been privy to information attorneys in a traditional divorce would not have. Though breakdowns in negotiations are always possible, the benefits of attempting a collaborative divorce are still worth the effort. This is why.
Collaborative divorce is less adversarial than litigation.
By its nature, collaborative divorce encourages spouses to cooperate and solve problems amicably. Court, on the other hand, is usually responsible for increasing the hostility between already hostile spouses and, as a result, increasing stress levels. Emotional stress doesn’t do anyone any good; it clouds decision-making, and children caught between two angry parents can feel it, even if they never raise their voices in front of the children.
Collaborative attorneys work closely with their clients to address their needs and identify both short- and long-term goals pertaining to the issues at hand. This understanding guides the resolution process. So, too, does proposing solutions their clients may not have previously thought of. This creative approach helps facilitate agreement between spouses.
At the same time, collaborative attorneys collaborate with their counterparts and other collaborative professionals involved in the case. These can include financial professionals, such as forensic accountants, as well as therapists and divorce coaches who lend emotional support.
All in all, the aim of collaboratively trained attorneys is to work collectively toward creating an agreement that prioritizes the well-being of the entire family, not only the divorcing spouses. One of the ways they do so is by translating legal jargon into lay terms their clients can understand. This helps them to make informed decisions the court will be likely to uphold, and they will feel comfortable with and, therefore, less likely to regret or renege on later.
Finally, collaborative divorce lawyers take pressure off divorcing spouses by preparing and filing all the court documents formalizing the agreements they reach via the collaborative process. This further increases the likelihood that all agreements will be properly documented and, hence, be legally binding. Returning to court later, though an option, is not opportune, as a judge’s ruling may not go as planned.
Couples have more control over outcomes in a collaborative divorce than in litigation.
When using the collaborative divorce process, which allows divorcing spouses to work out disagreements with each other directly, they will remain in control of decision-making entirely. Working together to reach agreements, including a parenting plan detailing how best to co-parent, is typically a much safer option than relying on a judge who has only a few minutes to get up to speed on a matter to make important decisions that can impact the lives of parents and their children for years to come.
Collaborative divorce supports privacy more than litigation does.
Court proceedings in many states, including Washington, are a matter of public record. In a collaborative divorce, couples can settle their issues outside the courtroom, keeping personal matters private.
This can be especially helpful where children are involved. Dealing with heightened emotions is bad enough, but when disputes with your soon-to-be ex play out in front of strangers for them to be judged in the court of public opinion, tensions can run even higher than they would otherwise.
Couples can generally resolve their case more quickly with a collaborative divorce than with litigation.
Having to wait for a court date can be grueling, especially if all you want is to have a judge rule on one small aspect of your case. In a collaborative divorce, couples can address any issue at any time, even new ones that arise. Since both parties are continually working with their respective lawyers toward a settlement, collaborative divorces can be completed more quickly than those that are litigation, which are often drawn out, not to mention, costly.
Collaborative divorce is more cost-effective than litigation.
Due to its streamlined approach with both sides working together, collaborative divorces tend to take a shorter time to finalize than traditional divorces, generally making them a less expensive alternative to litigation. Court appearances, including the preparation leading up to them, can cost thousands of dollars and still may not lead to the desired outcome.
No investment is without its risks, including a collaborative divorce. Though this method may not work in the end, making it necessary for a couple to return to the drawing board and hire new lawyers, given the emotional peace a collaborative divorce can offer, in addition to time and money savings, it may be a divorce approach worth a closer look.
Find a Seattle collaborative divorce lawyer today.
In a collaborative divorce, both partners must be committed to the process for it to work. Consequently, there will be times when a collaborative divorce won’t be the best method or even possible. For example, if there is domestic abuse or if there is an extreme imbalance of power between spouses, traditional divorce, including mediation, may be preferable and litigation eventually necessary.
Though it may not be comforting to think that court will be inevitable in a divorce, it happens, and you need experienced counsel on your side. At Elise Buie Family Law, we have attorneys on our team who have been specifically trained in the collaborative process and can guide you through a collaborative divorce with your spouse. In the event that negotiations break down and you need to utilize the court system for support, our team is also prepared. Call our Seattle office today to discuss your estate planning goals, or schedule a call with us here.
