Seven Benefits of Collaborative Divorce Versus Traditional Divorce

Written April 17th, 2012
Categories: Divorce, Divorce Collaborative Law, Uncategorized

People from Jupiter to Wellington are searching for other alternatives to a traditional divorce.  There are many reasons to use the collaborative divorce process if your spouse is willing and your family is a good fit for the process.  The following advantages describe some of the benefits of the collaborative divorce:

1. The process is generally less costly than litigation.  A collaborative divorce does not use competing experts and the parties are not wasting their financial assets by constantly litigating in court;

2. The process is generally less time-consuming.  The collaborative case can frequently be completed within four to six meetings versus six months to two years that a contested case may take to be resolved in Palm Beach County;

3. An atmosphere of cooperation reduces the psychological/emotional stress that accompanies traditional divorces.  The parties set out a contract which contains a set of governing rules as to how the spouses, attorneys, and other professionals and participants interact during a collaborative divorce.  This process minimizes the abrasive conduct that may be present in many traditional cases;

4. Each party has the assistance of an attorney.  In many divorces today, not all parties have the assistance of an attorney to guide them through the process;

5. Each party is a vital part of the settlement team.  Both spouses are treated as critical components of the team which focuses on settlement.  The spouses, the attorneys and the professionals are not adversaries.  All participants are seeking a resolution that meets the needs of the family;

6. The team can focus on settlement without the imminent threat of “going to court”.  The parties and their attorneys sign a participation agreement that states that the spouse and their lawyers will not take their divorce to court.  This contractual clause eliminates tactical bargaining based on threats of litigation; and

7. The spouses control the outcome.  Rather than a judge deciding a family’s parenting and financial futures, the parties themselves negotiate with the assistance of the other participants in the process a Marital Settlement Agreement.  The decision-making power stays with the husband and the wife.

The collaborative process focuses on interest-based bargaining.  In a collaborative divorce case, the participants focus on the underlying concerns, needs, and interests of the parties.  The traditional litigation model usually involves position-based bargaining, where each side commits to a position early in the litigation and only thinks of their own position and attaining their own goals, and attaining their own wants and needs, regardless of the impact on their spouse or their children.  Whether you live in West Palm Beach or elsewhere in Palm Beach County, you should consider a collaborative resolution of your divorce or other legal dispute.

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