The paradox behind collaborative divorce is that you must work amicably with the person you have a broken relationship with. The process requires you and your spouse to join forces while discussing going your separate ways.
While collaborating with your respective legal counsels and a team of professionals may save you from spending too much time and resources in settling your divorce issues, there are specific reasons why a litigated divorce might be appropriate for your circumstances.
What works for you?
The Pennsylvania Collaborative Law Act standardizes the collaborative divorce process as a legitimate alternative dispute resolution for the state’s divorcing couples.
But this may not be the suitable approach for you if:
- Either of you is not forthcoming about complex finances
- An alleged history of domestic violence or abuse exists
- Prevalence of power imbalance rooted in one party’s advantages related to education and wealth
- Negotiation proves impossible due to your fundamental differences or disagreements
Sometimes, the mere sight of each other is so appalling that it is enough reason not to pursue collaboration. If your situation is as grave as, if not more than, any of these factors, then going to court may be the suitable course of action for you. Ensure that you have adequate proof to establish your interests on pressing concerns, like property division, alimony, child support and custody.
Not all couples endure similar family struggles. What you think may be the right approach for you may not apply to others. Before deciding whether to proceed with a collaborative or litigated divorce, you must thoroughly contemplate how each method may impact every facet of your life. Consulting your legal representative may just save your precious time, dollars and emotional health.