Collaborate Divorce vs. Contested Divorce

If you jump online and study the statistics on contested divorces, it’s pretty scary and very confusing.  It’s like husband and wife have put on their armor and ready for battle, any battle just as long as they win. Its payback time and a winner take all scenario.

One of the truly terrifying thoughts about a contested divorce is this – often times one spouse is going pro se (representing themselves) while the other spouse has hired a divorce attorney with a great track record.  This is like letting a junk yard dog attack a miniature poodle – little chance of competing when the pro se litigant doesn’t understand family laws or courtroom procedure.

What about a divorce pathway that eliminates the courtroom drama, saves money, time and proves to be more equitable for both spouses when done correctly. Collaborative or cooperative law opens doors for both parties and gives them options while adhering to family law.

Each spouse gets an attorney whose credentials include collaborative law.  They meet with their attorneys and discuss division of marital assets, child support, alimony and the shared debt of the married couple. With the assistance of their attorney they know what to expect on each of these issues – anger and emotions are controlled because they understand the critical issues of divorce.

Each attorney will probably inform their clients that the children are a priority and all decisions concerning the children must be in “the best interests” of the children. Husband and wife will have a handle on what to expect when marital assets are divided and they’ll understand prenuptial contracts, retirement funds and shared savings accounts etc. 

If there is an extensive amount of marital assets the attorneys may suggest hiring a third party who is qualified to give them a fair market value of the assets. At the same time they may suggest a preliminary injunction which prevents either spouse from disposing of marital assets prior to the divorce.

Next the spouses along with their attorneys have an informal meeting focused on making the difficult divorce decisions that exist when a married couple is dissolving their marriage.  When one or both parties are in total disagreement, the collaborate attorneys will offer suggestions and legal information that will help the parties arrive at a logical decision.

Collaborate or cooperative divorce is by no way easy, because there are many legal issues that must be factored in such as length of marriage, children’s ages, health and age of spouses, if one spouse has contributed to another’s education or helped them build a business etc.  Divorce is a very contentious issue and it isn’t like a pie that can be split right down the middle – instead family law concentrates on “fair” but not necessarily “equal.”

It is a good way to save time, money, courtroom drama and a great way to do what is in the “best interests” of the children.  If spouses can look at divorce as a business plan that needs both of their input, they will approach the division of marital assets, children, custody and alimony in a different frame of mind.  Collaborate divorce is better for the children allowing them an easier transition and it saves a lot of emotional and financial stress for both parents. 

As Always,

Little Tboca

www.caseboss.com