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Potential issues with a collaborative divorce

On Behalf of | Jul 24, 2016 | Family Law

Everyone is always trying to solve the problems with divorce. Too many people are getting divorced. It is too expensive. The children are traumatized. But, in the end, divorce may be the only sensible solution available to most people who need to leave a toxic marriage. And collaborative divorce is a comparatively new way to approach dissolving a marriage.

Collaborative divorce, unlike mediation, still involves attorneys but the parties work out everything between themselves rather than including a neutral party to oversee the process. They include the courts only after every detail has been finalized. The divorcing people are still permitted to interact, and the attorneys must take a larger backseat to the divorcing parties as they negotiate. The attorney is there only to ensure that nothing bad happens.

Collaborative divorce can work if both parties are equal and able to negotiate with one another directly. But rarely is a couple a sufficiently similar match. Often one partner will possess more power in the relationship than the other. This isn’t a condemnation of the marriage; it is merely a reflection of reality. This power dynamic shows during the collaboration process which can cause one party to accept unfavorable terms.

Additionally, collaborative divorce only works so long as the parties can work together. The instant they are unable to resolve their differences, the entire process collapses. Moreover, most marriages do not end amicably. Some may end well, but most do not, it is the sad reality of breaking apart two lives, animosity will result.

If you are considering divorce, then you may want to speak to an attorney. Collaborative divorce can work if you have the time and the confidence to manage the process more on your own. If you prefer a traditional divorce, then you may want to speak to an attorney at your earliest convenience. A lawyer can review the situation and advise you on the best course of action to protect your rights. Don’t try to handle this on your own; an attorney can help you.


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