Collaborative Divorce: Pros and Cons


Alternative dispute resolution – a method that people use to come to an agreement with the least amount of legal expense – in this case, collaborative divorce.

HeartThe dissolution of a marriage often brings with it much emotional distress. In the collaborative divorce process, family law attorneys work together with their clients and neutral facilitators for the good of all parties by employing cooperative techniques, rather than litigation and adversarial strategies, to arrive at a negotiated outcome that both parties can accept.

This out-of-court approach to divorce works by using problem-solving strategies to achieve a results-focused outcome. It enables both clients to focus on their true interests, become fully informed, and negotiate in good faith to arrive at a fair settlement for the whole family.

What can Collaborative Divorce Address?

Collaborative divorce allows the parties to sit down together with their attorneys and a neutral facilitator to discuss all of the details of their rights and obligations.

The following issues may be addressed without ever going to court:

  • Division of property (Equitable Distribution)
  • Child custody (Timesharing)
  • Child support
  • Relocation
  • Alimony
  • Asset valuation
  • Financial obligations

Any issue without limitation can be handled through the collaborative process. Judges are limited by the law in what they can and cannot resolve, and the way in which it can be resolved.

Collaborative Divorce Pros – the Benefits of Working Together

Collaborative divorce offers couples a number of positive benefits that make the entire process less stressful, including:

  • Confidentiality – the clients agree to keep every aspect of their settlement confidential, and no public record of their personal lives is created.
  • Saving time – the process moves at the pace of the clients. Most clients accomplish resolution far more quickly than they could through litigation.
  • Saving money – with no money wasted on court hearings, depositions, and battling experts, collaborative divorce is more cost-effective than litigation.Divorce
  • Reduced stress – if both clients are willing to go into the process with an open mind and desire for a positive outcome, much of the stress associated with a traditional divorce is spared – not only for them but their extended family members and children, as well.

Collaborative Divorce Cons – the Downside or Risks

In a collaborative divorce, not only do the spouses enter into a written agreement but so do the attorneys.

What happens if the collaborative process does not work and traditional litigation is necessary?

If the collaborative process breaks down for any reason, and traditional litigation is necessary, then the attorneys who participated in the collaborative process must withdraw from representation of the clients. Both spouses will then have to hire new attorneys to litigate the case. Note that nearly 90% of all collaborative cases are successfully resolved.

The law offices of Brodzki Jacobs & Associates, PL can help you determine if collaborative divorce, mediation, or traditional divorce litigation is right for you. Contact us at (954) 344-7737 to schedule a consultation.

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