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Why should I choose a collaborative divorce?

On Behalf of | Jun 16, 2023 | Collaborative Divorce

Divorce often happens because a couple can no longer stand to be together. The only thing the couple can seem to agree on is that they need a divorce, and they need it now. You might be surprised to know there are different ways to approach divorce.

Litigation can lead to further arguments since you address your issues in a courtroom. You are fighting to prove a point instead of finding a way to resolve the dispute. With mediation, a neutral third-party mediator is the only thing standing between you and your spouse. The mediator cannot speak for either of you. You both must actively communicate to find common ground. One spouse might do all the talking while the other leaves the mediation room feeling unsatisfied and overlooked.

Fortunately, there is an approach to divorce that marries these two; one that is more formal than mediation but more peaceful than litigation. It is the collaborative divorce process.

The benefits of the collaborative divorce process

The Tennessee collaborative law makes it possible for couples to negotiate the terms of their divorce peacefully. By understanding the advantage of a collaborative divorce, you may find it is the right approach for you. Here are the benefits of a collaborative divorce:

  • It is less expensive and time-consuming than litigation
  • You and your former spouse have more control over post-settlement disputes
  • You can hire your own legal representation
  • It identifies and addresses the best interests of both parties
  • You can acquire the help of collaborative professionals
  • It prioritizes a win-win situation for both parties

If you and your spouse can agree on a collaborative divorce, you must sign a collaborative law participation agreement. Despite conflicts, You must agree not to seek judicial resolution throughout the process.

What happens when we cannot collaborate?

Your lawyer will advocate for you. They must do everything possible to help you reach a mutually beneficial settlement agreement. The participation agreement has a withdrawal provision that forces your attorney to withdraw from the case if you cannot collaborate on a dispute outside the courtroom. The entire process could go to waste.

Collaborative divorce requires openness and commitment, so it might not be for all couples. However, it might be the best approach if you want to keep your divorce proceedings private and maintain significant control over the terms and conditions.