Responding to criticism of collaborative divorce

Change can be difficult for many to embrace. Likewise, some family lawyers who litigate cases may offer some criticisms about collaborative divorce. Some family lawyers might even believe that individuals should avoid collaborative divorce and just litigate their case.

Criticisms of Collaborative Divorce

The common criticisms of cynical family lawyers are twofold. Some argue there is no guarantee of a settlement (or a peace). Thus, they argue that it simply makes sense to prepare for the inevitability of a litigated divorce.

Some also point out that collaborative divorce can be expensive. In other words, if the case does not settle, the parties will have to hire new litigation counsel and pay filing fees and the costs associated with the litigation. For this reason, they argue that it’s better to skip the step of trying to settle outside of court through collaborative divorce by just litigating the case.

Not Every Case Settles

While these criticisms are pessimistic, the reality is that all of that could theoretically turn out to be true. One has to concede that not every case settles in the collaborative process. Further, if the case does not settle, the parties would have to hire new litigation counsel.

But are these good reasons for parties not to even try it? And are the objections also based on the fact that some family lawyers are merely change-averse? In other words, is it possible that they are simply used to litigating their divorces and not keen on trying something new?

Considerations to Keep In Mind

In responding to the criticisms head-on, there are other considerations that parties need to consider when they contemplate the idea of a collaborative divorce. The first one is that the collaborative process results in a team of professionals that helps the parties work together to settle. This is because the details often hang up the process of settlement. In other words, the details on custody, property, and debt division, child and spousal support, and lawyer fees are what cause lots of parties to go to trial.

However, in collaborative divorce, the parties will work with a divorce coach, a child custody professional, and a financial neutral. All of these knowledgeable professionals can help the parties get to a place of settlement on all the important details (where this is not offered in traditional litigation).

The other consideration that parties need to consider when they look at the cost is this: If the case is litigated and the judge decides, will there be subsequent litigation? Put simply, when the judge decides, one or both parties are still unhappy to some degree with the result.

This often results in later motions to modify or motions for contempt, where the parties are back in court. When one gets concerned about the cost of collaborative divorce, they have to consider the cost of subsequent litigation. They also have to consider the costs of depositions, subpoenas, discovery, and expert witnesses. The reality is that while a collaborative divorce can be expensive, traditional litigation is usually not inexpensive, either.

In the end, isn’t it worth trying a collaborative divorce to see if a settlement can be reached? There certainly is no guarantee, and, yes, it might not be cheap. But if you are not back in court on subsequent litigation, and you can get along with your ex on a diplomatic basis after the case, isn’t it at least worth the attempt? Wouldn’t a settlement (if possible) be better than putting your family situation in the hands of one judge?

If you are interested in a collaborative divorce, Stange Law Firm, PC can help. You can contact us at 855-805-0595.