When does collaborative divorce work best?

On Behalf of | Jul 25, 2023 | Collaborative Divorce

In modern-day divorce, many parties opt for private settlement instead of fighting it out in court. Methods like mediation and negotiation allow parties to take control of the discussions, as well as their time and resources. However, divorcing parties must carefully determine whether collaborative divorce is the best option for their situation.

Factors that influence a successful divorce agreement

Each divorce case is unique. No one can tell on the spot whether a divorce will be successful through a collaborative method. However, some indications can show if parties are more likely to reach a settlement this way. These indications include, but are not limited to, the following factors:

  • Cooperation: Parties must show a willingness to cooperate to reach a settlement. This includes being on time during discussions, following the rules for the negotiation and avoiding creating a hostile environment for the other party.
  • Communication: Collaborative divorce is a two-way settlement. This means that each party has both the right to speak and the obligation to listen. Even if the other party suggests a term the other does not like, they should not interrupt and only speak during their turn.
  • Honesty: It is important for each party to lay all their cards on the table. By being truthful, the parties can protect their rights and receive what they are entitled to.
  • Willingness to negotiate: Each party will have its own terms and preferences. However, some terms will likely clash during the discussions. The parties must be willing to meet halfway and negotiate what they can so they can reach a settlement.

These are the major components of a successful collaborative divorce. Of course, other factors also weigh in, but with these present, a divorce case is already one step toward the goal.

Collaborative divorce provides multiple benefits to divorce parties. However, even if the method is cheaper and shorter than a litigation divorce, you should carefully determine whether it is the best option for you.

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