One of the newest trends when it comes to divorce is a collaborative divorce. If you and your spouse want to avoid a divorce trial, you may agree to a collaborative divorce. This type of divorce requires you and your spouse, along with your divorce attorneys, to sit down and hash out all of the issues and come to a settlement on your own. The agreement typically requires both parties to refrain from filing for a trial for a period of time, such as six months, in order to try to force both of you to reach an agreement. If you are considering this type of divorce, you may wonder what the pros and cons are. Here is that information.
The Cons of a Collaborative Divorce
- Can Draw Out the Divorce Process
If you and your spouse cannot reach an agreement, a collaborative divorce draws out the divorce process. You basically put a trial on hold for some time to work on settling the issues yourself. If you want your divorce to be over as quickly as possible, this route may not work if you cannot come to an agreement. If an agreement is not reached, your hands are tied with moving forward until your agreed upon time frame is up.
- You May Have to Hire Counsel Twice
The other disadvantage associated with a collaborative divorce is that most parties agree that they cannot use their attorneys going forward in a divorce trial if the attorneys could not reach a collaborative agreement. This may mean that you have to hire two different attorneys if the collaborative process fails, which can be time-consuming and costly.
The Pros of a Collaborative Divorce
- Can Be Cheaper if a Settlement Can Be Reached
The biggest advantage to a collaborative divorce is that it can be cheaper than going to trial. Lawyers often charge more and have to put in more time if your divorce case goes to trial. Settling the issues on your own with your spouse can save you both money.
- You May Be Happier Settling
The other benefit to a collaborative divorce is that you may be happier when you settle on your own. When you and your ex come up with the terms of the settlement on your own, you both get to keep the things that are most important to you. If your case goes to trial, a judge decides everything, and you both may lose things that have sentimental value.
If you and your soon-to-be ex spouse think you can set aside your differences and work toward a settlement together, a collaborative divorce may be ideal in your situation. But if things are contentious and you can't see yourselves reaching an agreement, this may not be the best divorce option for you. Contact a legal firm, like Franklin & Rapp, for more helpShare