Collaborative divorce is a non-adversarial method of divorcing while building a foundation for a healthy separation with less cost and emotional trauma for both parties and their children. The latest available statistics show that of the 36,345 divorces in Pennsylvania last year, 739 of them were in Delaware County. Rather than fighting over issues in a litigious setting, divorcing couples can work together with the assistance of their lawyers to frame the issues that concern them, and the couple controls the outcome of their dissolution through mutual agreement, rather than a court order in favor of one side or the other. What is the advantage of collaborative divorce over traditional divorce?
There are a number of important advantages to the collaborative divorce process over traditional adversarial litigation. While collaborative divorce is not usually appropriate in divorces involving violence, in many cases a collaborative approach allows the parties to cooperate in reaching final decisions and avoids years of post-divorce acrimony. Some advantages include:
Cost effectiveness — Collaborative divorce is conflict resolution assisted by attorneys and specialists directed towards quickly resolving issues, so you and your spouse and children can move on with a minimum of fees and emotional trauma. Privacy — Divorce records are public records. However, in collaborative divorce, your private information such as income, retirement accounts, debts, home equity, and other personal information is known only to the participants in the collaborative process. Children — Avoiding the polarization in traditional divorce where children are often made to feel they have to pick sides. Winning resolution for all — Collaborative divorce allows both spouses to be active participants in the process and to focus on the best interests of parents and children, work through their emotional issues and become invested in a resolution that works for everyone.
What if my spouse backs out or collaboration doesn’t work?
When you start the collaborative divorce process, you do so with the aid of your attorney. Both parties sign an agreement to go through the collaborative divorce process but you do not surrender any rights. If the process is unsuccessful or breaks down, you still have the right to go to court and litigate for the result you want.
If you and your spouse are contemplating divorce, the Law Offices of Barbara Flum and Associates can offer experienced and compassionate advice. If you are interested in exploring collaborative divorce as an avenue of dissolution, contact a skilled Media collaborative divorce attorney to discuss how to get started.