More and more couples deciding on divorce are taking the relatively new approach of "collaborative divorce". Collaborative divorce utilizes methods that aim to keep the divorce process as amicable as possible, and with the least trauma for everyone involved. Click here for a detailed explanation of collaborative divorce. Despite the success of collaborative divorce for many couples, there is still a case for the traditional approach to the divorce process for some people.
The traditional approach to divorce involves litigation, lawyers who only meet in court, separate preparation of documentation, separate hiring of experts and usually more cost, and potentially more hostility. However sometimes traditional divorce is the best option and may be strongly suggested by your family law attorney if:
- You have been a victim of domestic violence.
- You or your partner has suffered from addiction to the point that it has impacted your marriage.
- You or your spouse has an untreated mental illness.
- If you feel physically threatened by your spouse (and as a result need the physical distance of traditional divorce.)
- If you feel your spouse intends to harm you emotionally or financially.
- Your spouse knows how to or has at least tried to manipulate you.
If none of these issues applies to your marriage and divorce, then a collaborative approach may suit you and your spouse better than the traditional approach, which can be significantly more costly and acrimonious. Some of the following elements of collaborative divorce differ from the traditional divorce process and may help you decide whether it is right for you.
- Court is not an option. If the divorce issues cannot be resolved through joint meetings with your lawyers, they must be fired and you must retain new lawyers. At this point the case may go to court.
- All experts, including financial and mental health, must be hired jointly by all adults and the children involved.
- Everything is done in private instead of in an open court; these include mental health evaluations and financial disclosures among other issues.
- Everyone must behave courteously and in good faith. Obviously this can be hard to maintain depending on the circumstances of your divorce. Of course, the upside of behaving in such a manner is that you and your spouse are more likely to have an amicable future relationship, which is essential if children are involved.
- A collaborative divorce may include the use of divorce and communication coaches. These professionals help couples clarify their needs, listen to each other's needs, and stay focused throughout negotiations. The use of a divorce lawyer who specializes in collaborative divorce, in conjunction with these other professionals may substantially reduce the normal anxiety often experienced in the divorce process.
- Collaborative divorce costs are usually kept much lower than in a traditional divorce which can cost anywhere from two to ten times more. Lawyers may charge a fee of between $2,500 and $5,000 for typical divorce cases, and will usually also bill a client for additional services. If the case goes back to court for further litigation, it will cost even more.
The collaborative divorce has only been around since the early 1990's, so it is a relatively new approach to divorce. Studies that report on the effectiveness of a collaborative law approach to divorce have only been undertaken in the past few years. The research done so far has shown that over 90% of collaborative divorces end in resolution. These studies are also finding that with litigation absent from the divorce process, the amount of stress on all family members is much less than in traditional divorce. The resolution that comes at the end of a collaborative divorce is more likely to be an agreement that both spouses want to adhere to, rather than one they are forced to agree to.
Collaborative divorce is very popular and in most cases is the best solution if children are involved; however it is not the path every couple should take. With the popularity of collaborative divorce some states are considering passing laws making it mandatory for attorneys to screen clients for domestic violence before recommending the collaborative approach. One of your preliminary discussions with your divorce lawyer will help decide whether a collaborative approach is best for your divorce. Schreier & Housewirth are Fort Worth divorce lawyers trained in collaborative law divorce and are leaders in the movement to provide clients with alternatives to traditional divorce.
