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Home Legal

Are There Any Benefits of Collaborative Divorce Over Traditional Litigation?

by Michael McDonald
August 27, 2021
in Legal
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Divorce is a messy process, very predictively accompanied by financial and emotional strain. All this is in addition to the other problems that don’t pertain to the turbulent marriage life. It also adds pressure on both the parties that will, more often than not, lead to anger, resentment and disturbance over the initial decision to separate.

But there is an alternative to it: choosing a collaborative divorce lawyer.

Collaborative divorce lawyer practises collaborative law that works as a well-received alternative to traditional litigation. In this process, both the separating spouses work mutually without extending control over one another and being antagonistic to each other. The same is achieved by collaborative law attorneys who deal with court necessities out of the court, and prepare documents meant for final presentation in the courtroom to sanction the divorce.

Here’s some benefits of opting for collaborative divorce: 

Systemic Resolving of Matters and Team Approach 

Amidst the stress of separating and informing the decision to the families and the children and all those who matter, the trained collaborative law attorney helps in supporting financial decisions and being a mental health professional for both the spouses, as well as the children. As such, the solution is very family driven and family specific, since the intricacies and nuance are honoured.

The lawyers speak for their own clients but work together with the individuals to ensure that the process is not damaging to either party so much. The attorneys also ensure that necessary costs and certain matters are properly prioritized, and collaboratively so that responsibility is borne by all the parties involved, before diluting them enough to be handed as individuals. Children too are not directly exposed to the stress of the separation.

Controlling the Time and Duration 

Most divorces take an irrationally, or rationally, long time to be resolved. This is heightened in the circumstance that the partners don’t share an amicable relationship.

In traditional litigation, it is also possible that there exists a power imbalance between the partners, that one is entirely in the dark or the other is too manipulative. The long-lasting impacts of this are negative for both the parties, and even despite the lengthy time taken to resolve, it is never sure that both partners separate fairly well and at ease.

Collaborative law takes it into their hands by compelling the partners to disclose all information and being transparent. Collaborative attorneys eliminate this requirement by working outside the court and making matters very systematic, specific and transparent.

Cost Control 

As long as the case runs, the larger the amount the partners need to dedicate to truly resolve their issues. Going to a collaborative lawyer, who is a joint expert instead of two opposing sides, helps to save on costs to cut down on research, interrogation etc. and instead dedicate it to rebuilding the life after.

Controlling the Final Outcome 

Because the partners are actively involved in the process of deciding the outcome—which is already so specific owing to the collaborative attorneys’ efforts and continued involvement—the final outcome is fair and only as much as they can chew, at the same time.

The outcome becomes steadily predictable and adequate time can be dedicated to correctly settle the matters, which is a lot better than a shocking outcome, an everything-or-nothing score at the end of a hostile litigation.

Privacy Secure 

It is not to say that litigation does not promise privacy and security, but that collaborative law ensures greater privacy to the circle of people covered, and at an even micro level of managing settlements between the partners. Only things that need to be transparent stay so and the things that need to stay confidential remain so too.

Besides, when you need more space in the court to discuss another clause about the relationship, the partner must file a pleading that requires the listing for the entire legal argument—that may sometimes threaten to put the dirty laundry out too. Collaborative law prevents that.

A Lot Less Expensive 

It’s no surprise then that because there’s a lot less tiers of people, papers and processes to undergo, which significantly reduces the cost than a traditional courtroom litigation would require.

Better a collaborative decision that suits everybody than a publicly argumentative and accusatory discussion. For more information: https://www.njfamilylaw.net/

Michael McDonald
Michael McDonald
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