When you prepare to file for divorce, you may not necessarily want or need an aggressive attorney who will fight your case in the courts with fire and brimstone. In fact, you may be keen on avoiding the court system altogether in order to come to an amenable divorce settlement agreement.
Collaborative divorce is a common and popular alternative to litigation that keeps your divorce case out of the court system, except to have a judge finalize the settled terms. In this process, both you and your spouse will hire your own divorce attorneys but work together to negotiate everything from the division of assets to child custody without entering a court.
However, collaborative divorce is not always best suited for each and every case. Here are some of the pros and cons you should consider before you begin the filing process:
Pros of Collaborative Divorce
- It is more affordable than litigation, as you can avoid costly court fees.
- It is often a quicker process than litigation. Average divorce proceedings last about a year but depending on the scope of your settlement, you may be able to find resolution in less time.
- Because the process is voluntary, it is less likely that you and your spouse will walk out with bad blood after the dissolution of a marriage. That can be important for maintaining family ties, especially where children are involved.
Cons of Collaborative Divorce
- If the process does not work — that is, if you and your spouse can not come to an agreement — then you will have to start the process all over again with a litigation attorney. That could end up being more expensive, time-consuming, and emotionally draining for both parties.
- It can be easy for one side to dominate the proceedings. If you are a victim of domestic violence or suspect that your partner is hiding additional assets or income, it is recommended to take the case to court with an aggressive attorney who can stand up for you.
Ultimately, every marriage is unique, as is every divorce. Before you decide on a collaborative divorce, speak with your lawyer about your situation, concerns, and needs. They will help you decide what course of action may be best suited to put your divorce to rest so that you can start the next chapter of your life.