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Advantages & Disadvantages of Collaborative Divorce

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Advantages of Collaborative Divorce:

  • You retain control. Though each party has a lawyer, you and your spouse take responsibility for shaping the settlement as the key members of the team.
  • You gain assistance. You craft the settlement cooperatively with your spouse while benefiting from your attorney’s advocacy, problem-solving, and negotiating skills.
  • You can focus on settlement. Removing the threat of “going to court” reduces anxiety and fear, thereby helping you focus on finding positive solutions.
  • You get more for your resources. The Collaborative process may be less costly and time-consuming than litigation. When you reach an agreement, it can be finalized within a shorter time frame. You do not get bogged down for months while you wait for a court date.
  • You negotiate a better settlement. Every family is unique and every family deserves a unique solution to the issues raised in a separation or divorce proceeding. The Collaborative process produces final agreements that are frequently more detailed and complete than any order a judge would issue following a contested court proceeding.
  • You lay groundwork for a better future. There is no pain-free way to end a marriage, but by reducing stress, working in a climate of cooperation, and treating each other with respect, you and your spouse are creating an environment in which you and your children can thrive after the divorce.

Disadvantages of Collaborative Divorce:

  • There are no court imposed time constraints. Since there is no case on the court docket, Collaborative cases continue until a settlement is reached.
  • Collaborative practice is not appropriate for all cases. Cases involving issues such as domestic violence, drug and/or alcohol abuse, or mental disabilities/disorders may not be appropriate for the Collaborative process.
 

Read Our Collabortive Divorce Guide

Collaborative Divorce Guide

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