Litigation is not the only way to resolve divorces, and it is less common than many people believe. Divorces are often resolved through alternative dispute resolution (ADR). These methods include arbitration, divorce mediation, and collaborative divorce. An experienced Omaha divorce attorney can help you determine what method is right to protect your interests during a divorce.
There are numerous benefits to each of these ADR methods. Collaborative divorce is especially beneficial for spouses who are willing to compromise and work together, but do not necessarily agree on aspects like child custody, spousal support, or property division. Understanding how a collaborative divorce may compare to an in-court divorce or divorce mediation can help spouses determine what is right for them.
Advantages of a Collaborative Divorce
Every divorce and relationship is different. The method of ADR you select or whether your divorce is litigated will rely on the unique situation you are in. The benefits of the collaborative divorce process could include:
- Increased Control Over the Process and ResolutionCompared to litigation, a collaborative divorce is entirely in the control of spouses. Meetings are based on you and your spouse’s personal schedules rather than court availability, and you can choose where meetings happen. You have control over what you and your spouse discuss and the agreements that you come to for property division, custody, and financial support. As long as the final agreement is reasonable and in the children’s interests, the court will approve it.
In addition to control over the process itself, the process is resolved at the agreement of both spouses. The process ends once you and your spouse are pleased with the separation agreement you have made. This is different from litigation, in which the court will reach a resolution. In a collaborative divorce, you have significant control over each aspect of the agreement.
- Greater Legal and Personal SupportCollaborative divorce is unique from mediation because it involves an attorney for each spouse. When you use other ADR methods like divorce mediation, it is more common to have a neutral mediator who provides help and advice but does not look out for either spouse’s interests. If you get a collaborative divorce, you will have your own attorney focused on protecting your rights and interests. This can help you be more informed and feel more confident in the outcome.
- Improved Familial ConfidentialityADR is more private than litigation. Court divorces are public, and discussions and disagreements are part of the record. By getting a collaborative divorce, you and your spouse can avoid personal or sensitive information being brought out in court and protect your children’s interests and privacy.
- Collaborative Goal Limits StressThis form of divorce means that all involved parties are focused on working together for your family’s benefit. In-court divorces are often naturally contentious, making spouses oppose each other. In a collaborative divorce, you and your spouse and both attorneys are interested in reaching a conclusion that benefits the entire family and helps all of you maintain a stable and beneficial future. Court is also incredibly stressful, while a collaborative divorce is less formal.
- Less Time ConsumingCollaborative divorces can typically be resolved much faster than litigated divorces. Litigated divorces rely on the court for availability and may require several court dates to resolve. This can take a long time. The more disputes or complex issues raised only increases the number of court dates needed to resolve the divorce. A collaborative divorce has more schedule flexibility and allows spouses to work through challenges quickly.
- Less ExpensiveIn-court divorces are more expensive for numerous reasons: there are court fees, attorney’s fees are higher for litigation, and the time the process takes only increases these costs. Divorce is an expensive process, both in its costs and the losses each spouse suffers. Getting a collaborative divorce can save spouses significant money, limiting the financial stress of the process.
FAQs
Q: What Are the Benefits of Collaborative Divorce?
A: One of the benefits of a collaborative divorce is that couples can negotiate their divorce even when it is contested. This enables couples to limit their time in court and protect their interests without court interference. An in-court divorce is stressful and expensive and often places spouses in opposition.
A collaborative divorce helps spouses work together to find a beneficial arrangement on crucial aspects, minimizing the conflict they have. This is especially beneficial when couples have children.
Q: How Could Collaborative Divorce Provide Solutions?
A: Collaborative divorce can provide solutions because each spouse is working with their own attorney, and all parties are focused on a compromise and collaborative approach. Spouses can work through challenges together and their attorneys can be helpful in finding solutions to their unique familial issues.
Collaborative divorce attorneys have education and experience in the process and can help spouses navigate it while protecting the rights of the spouse they are representing. The process is often faster, cheaper, and less stressful.
Q: What Is the Difference Between Mediation and Collaborative Divorce?
A: The main difference between mediation and collaborative divorce is that mediation has an attorney or other professional as a neutral party helping spouses negotiate their separation agreement. In a collaborative divorce, there is no neutral third party. Parties are represented by their own attorneys. All four parties meet to work out a fair and reasonable separation agreement in a collaborative divorce.
Both mediation and collaborative divorces are alternate forms of resolution that are much less formal and expensive than litigation.
Q: What Are the Disadvantages of Collaborative Divorce?
A: The disadvantages of a collaborative divorce include:
- Spouses must agree on a resolution to end the process, meaning that one spouse can deliberately draw out the process
- If the collaborative divorce process is unsuccessful, couples must start over with another option
- Spouses must be able to work together. The process will stall if spouses cannot communicate or discuss important issues.
Whether a collaborative divorce is the ideal method to resolve your divorce will depend on your unique relationship and circumstances.
Contact Stange Law Firm in Omaha Today
When you need experienced legal support in a collaborative divorce, it’s important to find the right attorney. Contact our firm and learn how Stange Law Firm can help.
