Why a Collaborative Divorce May Not Be Recommended

 Posted on November 27, 2023 in Collaborative Law

Not all divorces are not the high-conflict, high-stakes battles inside of a courtroom that television and film would have you believe. When dissolving a marriage, couples have options to avoid the emotionally draining and financially impactful traditional litigation scenario. Mediation and collaborative law are two common ways to settle legal affairs without much or any court interference. They are terrific ways for cooperative couples to end their marriage amicably and on better terms. But in what situations would collaborative divorce not be beneficial? For an in-depth overview of collaborative law or answers to questions regarding divorce, consult an experienced attorney.

Collaborative Divorce: What Is It?

Collaborative divorce is a method for couples who mutually agree to a “win-win” attitude to handle their divorce with more civility. Couples looking to negotiate their marriage settlement more cooperatively benefit significantly from collaborative divorce. It is also one of the best ways for couples with children to communicate their wishes better and work towards co-parenting in a more cooperative light.

Why Would a Collaborative Divorce Not Work?

Though it works for many couples, not every divorcing couple will benefit from a collaborative divorce. Collaborative divorce requires both parties to cooperate to reach a settlement that both sides can agree to for their sake and that of their children. Some relationships have far too much conflict involved ever to see eye to eye on a settlement.

Couples with a high-conflict divorce would be much better off using traditional litigation to handle their legal affairs. Coming into a collaborative divorce with a “win-lose” attitude, making the settlement seem like a competition to be won, will only further complicate matters. Relationships with a history of domestic violence or abuse are also not recommended, as collaborative divorce is a face-to-face engagement with the intent to handle matters cooperatively. An abuser sitting across from the abused can often cause increased stress, leading to a decrease or total shutdown of communication and likely seeing no chance of a resolution.

A couple should have their attorneys assess the probability that a collaborative divorce can even work in their client’s situation. A skilled attorney can discover whether or not their client and the opposing spouse have a strong and committed desire to end things amicably. Should both sides have a strong desire to resolve their issues, they can proceed with a collaborative divorce. For couples who cannot show they can cooperate with a level head over their legal issues, it may just be wise to settle things in court and avoid the extra time spent on an apparent “lose-lose” battle.

Contact a Kane County, IL Divorce Lawyer

Only couples willing to cooperate, communicate effectively, and compromise with one another will benefit from the use of collaborative law. An experienced Aurora, IL collaborative law attorney can help determine if a collaborative divorce suits your situation. The The Law Office of Matthew M. Williams, P.C. will represent you in your collaborative efforts and work with you toward reaching a fair settlement with your spouse. Call the office today at 630-409-8184 to schedule an appointment.