Collaborative divorce and traditional divorce: how are they different?

56812641 - husband and wife are returning wedding rings,divorce conceptThe main reason people are choosing collaborative divorce over the traditional divorce style is to save on money and suffering; if a settlement can be reached, you could save thousands through a collaborative divorce.  If the divorce doesn’t end the way it was supposed to be planned, some people say that you have to start all over again, spending more money than you would in the traditional divorce. Collaborative divorce is a viable option when you and your spouse are able to work out issues together.  That raises the question: “So which is better–collaborative divorce or the traditional model?”  You need to be the judge of that. Consider the following factors: You know the person that you’re divorcing better than anyone else and you know yourself even better.  In the end, you will have to decide that if you and your soon-to-be ex can work things out together in a collaborative divorce.

In short, collaborative divorce is non-adversarial, which means that you do not  fight against your spouse or partner to win an advantage.  The main purpose of collaborative law is to help you and your soon-to-be ex spouse/partner find answers and solutions to your disputes without having to get a judge involved. Accountants or appraisers may be used in a regular divorce, but in collaborative divorce these experts are considered neutrals.  This means that any information these professionals share during the collaborative process is confidential, and can’t be used later in court for if any reason the collaborative divorce does not work.

There are certain instances in where the potential of a collaborative divorce may not work. These factors include major power imbalances, spousal intimidation, and sometimes spousal abuse.

It also depends on whether you think that your soon-to-be ex spouse can handle the divorce. People say they can handle the divorce, but when meeting in person to talk about the situation face-to-face, it may hurt one of the individuals. This can cause immaturity and therefore more issues.

If collaborative divorce can work, it can lessen any tension and make for a better relationship between you and your ex for the future.  This is the best case scenario for spouses whom have children together. Studies have shown that kids do better overall when parents do not argue and fight all the time.

At Stange Law Firm, PC, our attorneys focus exclusively on family law.  We handle cases of collaborative divorce, mediation and traditional litigation.  We believe that great preparation makes for a better settlement whether it is in or out of court.   And we have the knowledge, experience, and resources to help you get the best possible results, regardless of which process you choose.

Stange Law Firm, PC offers a free and confidential half-hour to sit down and discuss the issues you face.  To set up an appointment, call 1-855-805-0595 or visit us online at St. Louis Family Law Mediators.

Author: Kirk C. Stange, Esq.

Kirk Stange is a Founding Partner at Stange Law Firm, PC.

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