Non-adversarial approach can help avoid costly litigation
Although collaborative divorce has been around for a long time, it is only in the past few years that it has become an increasingly attractive option for divorcing couples. Many couples understandably want to avoid the costly and adversarial divorce process that they often witness friends subjected to or see in the media. Indeed, one of the key advantages of collaborative divorce is that it can help couples avoid the high expenses that often come with fraught litigation, thus lessening the emotional toll that confrontational divorces often lead to.
What is collaborative divorce?
There is plenty of confusion about what collaborative divorce actually is, and many people often confuse it with mediated divorce. Although both types of divorce do focus on non-adversarial solutions, there are important differences, according to CNBC. In divorce mediation, there is one mediator, often an attorney, who acts as a neutral third-party between the spouses and helps the spouses arrive at a divorce settlement that is satisfactory to both parties.
In collaborative divorce, however, both spouses have their own legal representation looking out for their clients’ best interests. Other advisors, like financial analysts and child specialists, may also be present during the process. Both parties, however, including the attorneys and advisors, agree not to go to court in order to resolve their differences.
While divorce is certainly never an easy process, taking a collaborative route can be far less stressful than litigation. According to U.S. News & World Report, many people choose the collaborative process due to concerns about the financial costs of a litigated divorce. Those concerns are not unfounded. Although it is difficult to reliably assess the average cost of a litigated divorce, in NY the cost of a litigated divorce is likely to cost in the six figures. A collaborative approach typically costs about a third of what divorce litigation would cost.
Furthermore, collaborative solutions tend to be easier on children. Courts and judges can be intimidating for young people, whereas a collaborative divorce at least gives children the sense that their parents are working through their differences in a less confrontational manner.
Collaborative divorce attorneys
Collaborative divorce is a unique process that requires specialized training and experience. Although many attorneys offer collaborative solutions, it is important to find one who makes collaborative divorce a keystone of their practice. An attorney who understands how the collaborative process works will be able to offer informed and practical advice to their clients while still helping to ensure that stressful litigation is avoided.