Does Collaborative Divorce Work?

How Does the Collaborative Divorce Process Work?

Collaborative divorce is an alternative to the adversarial nature of many divorces, requiring both parties to enter into the process voluntarily. When a couple agrees to a collaborative divorce, they are making a commitment to resolve their issues respectfully and cooperatively, avoiding court and other adversarial proceedings. 

Those who agree to a collaborative divorce must voluntarily provide full, honest disclosure to their spouse and any negotiated settlement will be based on the assumption that the parties have acted truthfully and in good faith. Each party will have their own lawyer for a collaborative divorce—lawyers who also commit to a mutually agreeable resolution. Because neither party is allowed to use their collaborative divorce lawyer to advance their position in court, the environment is one of negotiation and settlement.  

To begin the collaborative divorce process, your collaborative divorce lawyer will meet with you to determine what your goals for the divorce are, then will guide you through the collaborative divorce process. Once the process is complete, an agreement will be drafted, then signed by both parties. 

How is a Collaborative Divorce Different from a “Regular” Divorce?

The very nature of a “typical” divorce is that it is designed to be adversarial.  If, however, you are hoping to end your marriage at least somewhat peacefully, without courtrooms and angry cross-examinations, then a collaborative divorce could be a good choice. 

A collaborative divorce often minimizes the hard feelings and emotions involved in contested litigation. In a collaborative divorce, there is no fighting to gain an advantage, rather the process works by helping couples find viable solutions they can both live with. Experts, including appraisers or accountants, may be used, just like in a regular divorce, but in a collaborative divorce, these experts are neutral. They are not trying to help one side or the other “win,” but are simply providing expert information. 

Why Does a Collaborative Divorce Have More Positive Results Than a Typical Divorce?

The collaborative divorce approach tends to lessen contention because it requires both spouses to consider not just their own needs, but the needs of their spouse and their children. Since conflict can be traumatizing for children, a collaborative divorce can definitely help families improve their communication techniques. Typically, collaborative divorce is cheaper than a regular divorce and generally has quicker results as well.  

Your chances of success with a collaborative divorce vastly increase when you choose a lawyer who has the necessary collaborative family law training, as well as significant experience implementing that training. When you choose a collaborative divorce lawyer from Musson Law, you will see guided negotiations at managing conflict at work—and reap the positive results. 

Table of Contents
Share on facebook
Share on whatsapp
Share on twitter
Share on linkedin

Related Articles

Transmutation Of Property: When Separate Property Becomes Marital Property

Transmutation Of Property: When Separate Property Becomes Marital Property

Divorce is rarely an easy process — even when the divorcing parties are generally in agreement. More often, there will be disputes and disagreements about how to fairly divide assets, and confusion over property status …

Read More
6 Signs Your Spouse Might Be Hiding Money or Other Assets During Divorce

6 Signs Your Spouse Might Be Hiding Money or Other Assets During Divorce

Is your spouse hiding money or other assets during divorce proceedings? A divorce can be one of the most difficult and contentious times in a person’s life. The process is often incredibly emotional, so working …

Read More
What Is Marital Property? How Your Assets Are Defined in Divorce

What Is Marital Property? How Your Assets Are Defined in Divorce

Is it true that half of the marriages in Canada end in divorce? Since divorce data in the country stopped being published and analyzed more than a decade ago by Statistics Canada, it is impossible …

Read More

Join hundreds of other professionals

...who are successfully navigating divorce.

Sign up here for our free legal updates, must-have information about your finances and even our favourite self-care tips.

We will help you put this behind you and so you can step forward into an amazing new chapter of your life