Why choose a collaborative divorce instead of litigation?

On Behalf of | Dec 12, 2023 | Divorce

Collaborative divorce serves as an alternative approach to the litigated divorce proceedings you usually see in movies, where couples fight in court and hurt each other in the process. While litigation makes for an exciting show, rarely does it guarantee control over the outcome of your case. The court decides on the areas of contestation for you.

By contrast, the collaborative divorce process allows a divorcing couple to engage in discussions focused on finding common ground. It replaces contention with cooperation, eliminating the need for court intervention. The method aims to achieve a mutually beneficial settlement that leaves both parties satisfied after a divorce.

The key advantages of choosing a collaborative divorce

According to Colorado’s Uniform Collaborative Law Act, the divorcing couple must formalize their commitment to collaborate through a participation agreement. It is a contract that ensures neither party will go to court or threaten litigation during the process. The key advantages of a collaborative divorce are the following:

  • You can maintain the privacy of the divorce and divorce-related matters
  • You can keep divorce proceedings away from court and public scrutiny
  • Less expensive and quicker than litigation
  • Less hostile than litigation
  • It gives you and your former spouse more control over the settlement

Because you and your spouse must agree to all matters, it promotes mutual respect and amicability. Your legal representatives will create a dissolution petition once you and your former spouse find fair solutions to the disagreements and disputes. They will then submit it to court to legally enforce the dissolution.

Litigation is still always an option

The conventional litigation-driven method is not the usual practice anymore, mainly because couples want to avoid costly, drawn-out court battles. However, in cases involving domestic abuse and the concealment of assets, litigation and the discovery process could be invaluable.

You must identify your goals and choose the best method to achieve them.