Collaborative divorce has been an option for couples seeking a divorce for several decades, but only in the past few years has it received more media attention and been considered by more couples. While the biggest draw of seeking a collaborative divorce is that it can significantly cut down on the cost of a divorce, just because it’s cheaper doesn’t mean it’s the best solution for everyone looking to end a marriage.
First, it’s important to understand what exactly collaborative divorce is as there are no set laws in place for what exactly makes a divorce collaborative. While each spouse still has their own attorney represent their interests, the collaborative divorce may involve several other professionals who help the parties end their marriage. This can include bringing in consultants, a mediator to solve disputes, and even a therapist to help each side understand the emotional toll of a divorce. Regardless of who else is involved in the collaborative divorce, the responsibility of these professionals is to help the parties communicate and end the marriage as amicably as possible considering the circumstances.
Regardless of how exactly the collaborative divorce works, the important thing is that the parties are committed to working together to solve their problems. The more contentious the split, the less likely a collaborative divorce is to work.
Marriages end for a variety of reasons. If communication has broken down to such a point that the parties barely speak to each other, or are overly hostile, it can be too difficult for the parties to work together for a collaborative divorce. In some cases, one side will simply refuse to work with the process, which of course prevents it from moving forward.
There are a couple other circumstances were collaborative divorce may not be the most constructive solution. If you fear that your spouse is going to hide assets or otherwise deal dishonestly with the divorce process, then a collaborative divorce is likely not the best way to determine how each party is entitled to marital assets.
In some cases, marriages break up because one spouse is physically or emotionally abusive. These relationships are also poor candidates for the collaborative divorce process, as the abuse spouse may be too intimidated by the other spouse to openly voice their concerns during the collaborative divorce.
Going through a divorce is one of the most difficult things you will ever experience. A collaborative divorce may make the process easier on you and your former spouse, but it’s important to understand the advantages and the disadvantages of this solution before pursuing it. Contact SAM LAW OFFICE, LLC in Rolling Meadows today for a free consultation if you are thinking about filing for divorce.
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