Many elements of the divorce process are complicated and stressful. When spouses choose to dissolve their marriage, they must make many decisions regarding children, shared property, and finances. These agreements made between spouses during the divorce process can be life-changing, leading to contention between families. Suppose both spouses are looking to work together during the divorce process. In that case, there are Alternative Dispute Resolution (ADR) options to help facilitate a smooth divorce and transition into a new phase of life, one being collaborative divorce between spouses. 

Understanding Collaborative Divorce 

A common issue that arises during the dissolution of a marriage is disagreement between spouses. Conflict can occur for various reasons, including the inability to agree on the division of property, tension regarding the allocation of parenting responsibilities, or poor communication between partners. Alternative Dispute Resolutions (ADR) are intended to give couples options for resolving disagreements without litigation. Litigation is more expensive and time-consuming, leading to another layer of stress for divorcing couples. Some common ADRs include mediation, arbitration, or collaborative divorce. 

Collaborative divorce is best for couples who wish to work together but have trouble agreeing on specific aspects of their divorce plan. Each couple will have their own divorce attorney separate from their spouse to represent individual interests during this dispute resolution process. However, both attorneys will work together to form an agreement without going before a judge. Typically, these negotiations are informal. Each partner's legal representation will advocate coming to a mutual understanding on a spouse's behalf.

Over the years, the trends and typical practices in family law have changed and evolved as society has. Decades ago, it was common for a couple to take their divorce to a judge to have him or her sort the issues out, rather than resolving the issues out themselves. Now, most divorce court systems across the country encourage couples to work with one another as much as possible to create a divorce settlement that is mutually agreeable. One such practice that has been shown to greatly increase the success rate of uncontentious divorces is utilizing the collaborative divorce process. 

Benefits of Collaborative Divorce

While some couples may be on the same page when it comes to getting a divorce, the unfortunate truth is that most couples will not be. Most of the time, one partner (typically the one who did not initiate the divorce) is much more hesitant and can even be more adversarial than the other partner, making the divorce process that much more difficult. The collaborative divorce process offers a way for both spouses to work together with their attorneys and a team of supporting professionals in a cooperative manner to produce a divorce agreement. For many couples, the collaborative divorce process carries many benefits that can greatly enhance and improve their divorce experience. These benefits include:

When you end a marriage, what you are literally ending is a legal relationship between you and your spouse. However, everyone knows that ending a marriage is much more than just getting a divorce and severing your legal ties. Getting a divorce affects nearly every aspect of your life and touches everyone in the family, especially if you have children. In today’s family courts, any type of alternative dispute resolution, such as mediation or a collaborative divorce is preferred over a litigated divorce. In a collaborative divorce, you agree to work together with your spouse, in an honest, open, and respectful manner, to find solutions to your divorce problems. To help you solve those issues and work through your divorce, a collaborative divorce allows you to assemble a team of professionals tailored to your family’s needs

Divorce Coach

A divorce coach is a person who has a background in mental health, often a therapist or counselor, although his or her role in your divorce is not to provide you with therapy, but rather with motivation. A divorce coach’s role in a typical divorce is to help you and your spouse stay focused on your goals and to keep your emotions in check and you thinking clearly. Rather than focusing on the past, as a therapist would, the divorce coach places emphasis on the future.