4 Benefits Of Collaborative Divorce Over Traditional Litigation

Over the years, couples and family law attorneys have begun finding alternatives to traditional court litigation to come up with a final divorce agreement. Despite what you may see on TV or in the movies, there are other ways to handle the divorce process without the yelling and courtroom drama. One of these methods that has been gaining in popularity is collaborative divorce, a unique process that has several benefits relative to litigation in court.

In this blog, we are highlighting our Hartford office, which is one of five convenient locations. At McConnell Family Law Group, our team of Connecticut collaborative divorce lawyers is dedicated to fostering an environment that promotes open and respectful communication, aiming to reach a mutually satisfactory agreement between divorcing parties without the need for court intervention. Contact us today at (860) 266-1166 and start the journey towards a more peaceful resolution.

What is a Collaborative Divorce?

Collaborative Divorce is a process where each spouse hires an attorney specifically trained in collaborative divorce to assist and negotiate an agreement. Both spouses commit that their attorneys will cease to represent them if a mutual agreement is not reached. Once the collaborative divorce is initiated, the attorneys are legally prevented from representing the spouses in a contested legal proceeding.

This approach safeguards privacy and confidentiality and provides a path to an agreement without the involvement of a court. Although this method is generally less stressful and better accepted by those who choose it, the divorcing spouses need to be ready to engage honestly, openly, and in good faith to reach a fair resolution without court intervention.

The process promotes innovative problem-solving, beneficial negotiations, and solutions aimed at addressing the needs of all family members for the foreseeable future. As such, achieving a balanced agreement often calls for a team effort, which includes input from financial advisors, mental health professionals, life coaches, and child specialists. The experts’ aim is to enlighten the spouses and explore settlement options that cater to the long-term needs of both parties and their children.

As a result, the time required to complete the process varies. Some couples may need a significant amount of time, while others may find resolutions in just a few meetings. Having scheduled meetings with a clear agenda can expedite the process. However, depending on the number of professionals involved, this process can be as costly as litigation.

Benefits of a Collaborative Divorce

The main difference between collaborative divorce and litigation is that in a collaborative divorce, both spouses (and their attorneys) sign an agreement that they will forego court proceedings. To help you get a better idea of how collaborative can benefit you and your family during your divorce, we have compiled some reasons that many couples find collaborative divorce attractive:

1. Collaborative divorce avoids contentious court battles. It bears repeating that divorce does not have to devolve into shouting matches in court. Such actions can exacerbate the pain, heartache, and stress commonly associated with the process. The overall tone and attitude of parties engaged in collaboration are markedly different from a contested divorce, which almost always paves the way for a relatively smooth process.

2. You still get the benefit of an attorney. In a sort of best-of-both-worlds scenario, both spouses in a collaborative divorce still retain lawyers to help guide the process and advocate for each party’s side. However, the attorneys generally will not adopt a hostile or aggressive demeanor like you sometimes see in court. In a collaborative divorce, your attorney is there to ensure that you at least make a solid case for your wishes while promoting a cooperative and respectful atmosphere. 

3. Your children are mostly shielded from the divorce process. Our firm understands your children are your greatest assets and that it is in their best interests to experience minimal stress and anguish during your divorce. Neutral third-party professionals are brought into the collaborative divorce process to provide opinions on best practices; one of these professionals is often a child specialist who can advise you and your spouse on ways to help your children along in the process. Collaborative divorce places a premium on the overall well-being of your children. 

4. Collaborative divorce is time- and cost-efficient compared to traditional litigation. If you and your spouse opt to battle in court, the process will be relatively prolonged. For example, divorce litigation requires a period of discovery in which both parties request and give information and documents that may be pertinent to the divorce agreement. This can take up to six months. Conversely, collaboration has a relatively free flow of information, cutting down on overall time and costs.

What Is a Traditional Divorce?

A traditional divorce, also known as a litigated divorce, is a formal process that resolves marital dissolution through the court system. Characterized by its adversarial nature, this type of divorce typically involves attorneys representing each party, with the goal of negotiating terms that favor their client. The process is often marked by disputes over key issues such as asset and property division, child custody arrangements, and financial support including alimony and child support.

The traditional divorce process begins with one spouse filing a legal petition for divorce, which sets the legal proceedings in motion. This is followed by a discovery phase where both parties gather and exchange information relevant to the case. Negotiations are attempted, and if they fail, the case proceeds to trial where a judge makes the final decisions.

This method can be emotionally taxing and financially draining, as it often involves lengthy legal battles and substantial court and attorney fees. The adversarial nature of traditional divorce can exacerbate conflicts and frequently leads to prolonged stress for everyone involved, including the children.

While traditional divorce may be necessary in cases where parties cannot amicably agree on critical issues, it’s important for individuals to consider all available options, such as mediation or collaborative divorce, which can be less confrontational and more cost-effective.

Conclusion

McConnell Family Law Group strongly believes in the power of collaborative divorce for many reasons. Our team is trained to give you effective representation in the collaboration while effecting an overall positive and productive process. Interested? Contact our firm by calling us at (860) 266-1166 today.

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