Collaborative divorce is a cooperative process. Spouses must work together to agree on terms for dividing their property and sharing parental responsibilities.
Many couples make informal promises to one another to keep their divorces amicable, but either spouse could potentially back out of that agreement with little warning. They could show up to court with an attorney, leaving the other spouse at a significant disadvantage.
Collaborative divorce is different, as it requires that spouses work together or face unique setbacks during their divorce proceedings. How does a collaborative divorce prevent spousal conflict and motivate couples to work cooperatively?
Spouses sign a binding agreement
The beginning of a collaborative divorce involves both spouses signing a binding agreement committing them to the process ahead. They promise to work together to settle all of their disputes without litigating.
If they cannot do so, then they may face a much lengthier divorce process. Spouses trying to collaborate with one another retain lawyers who represent them during negotiations, mediation and any other attempts to resolve their disagreements.
If the collaborative process fails and the spouses decide to litigate, they must find new legal representation. Their collaborative attorneys cannot serve as their litigation lawyers. That alone can drastically increase the timeline for completing the divorce and can serve as a powerful motivator to compromise and work together throughout the collaborative process.
Making the commitment to cooperate through collaborative divorce proceedings can be beneficial for those who want to preserve their privacy, limit their divorce expenses and pursue specific terms. People who understand the collaborative divorce process can more effectively discuss this option with their spouses and the attorneys they intend to retain.