Q: What Is the Downside of Collaborative Divorce?
A: Collaborative divorce only works when both parties are willing to work in good faith to resolve areas of disagreement. If one party is unwilling to make concessions during a divorce, it can make a collaborative approach untenable. Collaborative divorce is still an effective way to approach a divorce, even when a case ultimately ends up requiring litigation and the involvement of a family court judge.
Q: Can Collaborative Divorce Work in Conjunction With Mediation?
A: Collaborative divorce can be a cost-effective approach to handling a divorce. If the process reaches an impasse, mediation can help both sides reach a consensus on key areas. Both processes can work in conjunction to resolve areas of conflict. A collaborative divorce attorney can explain your options for resolving a divorce, which may include the use of mediation.
Q: How Long Does a Collaborative Divorce Take?
A: A collaborative divorce can lead to a finalized divorce much sooner than a contested divorce. By using a collaborative approach, a divorce could be finalized soon after the separation period has passed. During the separation period, both parties can work together to resolve areas of disagreement. Once the final divorce agreement is ready, a family court judge can finalize the divorce soon after the separation period has passed.
Q: Is a Collaborative Divorce the Same as Mediation?
A: Mediation relies on collaboration and can be used as part of an overall collaborative approach to resolving a divorce. In some cases, a collaborative divorce may use mediation to resolve lingering areas of disagreement. Any collaborative approach can reduce or eliminate the need for litigation that can prolong a divorce and incur significant legal fees and court costs.
Q: When Is Collaborative Divorce Not a Good Option?
A: Collaborative divorce may not be a good option if both parties are not willing to compromise and put in a good-faith effort to come to agreements on important matters like child custody and the division of the marital estate. Even if you have concerns about your spouse’s intentions, starting with a collaborative approach can still set the grounds for a resolution to your divorce within a shorter timeframe than beginning with a focus on litigation.