Many people start out the divorce process with promises to cooperate. People want to minimize conflict, especially if they have children. They don’t want to fight over the divorce, so they agree to work with a spouse. Sadly, offers to cooperate are sometimes attempts to manipulate a spouse and use their good nature against them.
Occasionally, one spouse tells the other they want to handle the matter as privately as possible. They say they don’t want to involve attorneys and want to settle everything outside of court. Then, at the last minute, they show up at a hearing after refusing to sign a settlement with a lawyer to represent them.
Such scenarios can leave spouses who genuinely intend to cooperate in a vulnerable position. They may be at a disadvantage at initial hearings and may have to retain a lawyer quickly. Collaborative divorce helps people avoid that frustrating scenario by requiring a commitment from both spouses.
Collaborative divorce begins with a signed agreement
One spouse usually cannot manipulate the other using an attempt to collaborate because of what the process requires. The promise to collaborate is not an informal one. The collaborative divorce process requires that both spouses sign a binding agreement committing to resolving their disputes outside of court.
Both spouses retain their own legal representation. They may attend mediation and work with numerous other outside professionals to resolve their divorce disagreements. If the collaborative process is not successful, they have to start over from scratch, including hiring new lawyers.
The requirement to formally commit to collaborative efforts protects people from disingenuous promises and attempts to manipulate the outcome of divorce proceedings. When collaborative divorce is successful, spouses retain control over the terms they set. They can preserve their privacy, and they may even find it easier to work cooperatively in the future if they have to co-parent with one another.
Learning more about collaborative divorce can help people evaluate it as an option for their upcoming divorce proceedings. Agreeing to collaborate can minimize some of the common challenges that arise during divorce.
