Over the years, collaborative divorce has been seen as an alternative to the traditional process. With that, both parties can work together to reach amicable resolutions. While this approach may offer many benefits, this method might not be the right choice for all couples.
Let’s look at the downside of collaborative divorce. Here is what you need to know before deciding whether this is the right approach for your situation.
Both Parties Need to Cooperate Fully
In a collaborative divorce, both spouses must fully cooperate throughout the process. With that, everyone must be open and honest about financial matters, child custody preferences, and other aspects of the divorce. If one party is unwilling or unable to engage in open communication, that is when the process can break down.
Litigation can be adversarial, but a collaborative divorce is not like these traditional processes.
The collaborative approach depends on the good faith of both parties. If one spouse withholds information, the process can fall apart, wasting time, money, and emotional energy.
The Process Is Voluntary, Not Required
With these divorces, participation is completely voluntary. Each party can choose to walk away from the process at any time. Yes, this flexibility can be a benefit, but it also introduces uncertainty. If the process fails, both parties’ legal teams must withdraw from the case. As a result, both spouses will have to hire new lawyers, leading to additional costs and delays.
Not the Best Option for Complex Cases
High-conflict divorces or those involving complex issues, such as hidden assets or business interests, can be difficult to resolve through collaboration. If one spouse is unwilling to compromise or behaves in a manipulative manner, you might be unable to reach a fair and equitable agreement.
Cost Can Escalate
While collaborative divorce is a cost-effective alternative to litigation, this is only true if the process is successful. If the collaboration breaks down and the case proceeds to court, the couple may end up paying for both the failed collaborative process and litigation.
Collaborative divorce involves the services of multiple professionals, including financial planners, child specialists, and therapists. All of these parties will charge their own fees. These costs can add up quickly if the collaborative process drags on without resolution.
Doesn’t Offer Immediate Legal Protection
One point you might want to remember is that a collaborative divorce does not involve the immediate oversight of a judge. While this can allow for a more flexible and private process, you might have fewer immediate legal protections in place when you need them.
When you need an immediate order for child custody or protection, going straight to court through litigation may be the safer option.
No Court-Ordered Resolution
In traditional litigation, a judge has the final authority to issue binding orders regarding property division, child custody, and other issues. On the other hand, collaborative divorce relies on both parties to reach a mutual agreement. If the parties cannot agree on certain aspects of the divorce, there is no resolution guarantee.
Get More Information About a Possible Collaborative Divorce
While collaborative divorce offers a less contentious and often quicker path to resolution for many couples, it does have a few downsides. The process requires full cooperation. Otherwise, you are at risk of failure, which can lead to increased costs, emotional strain, and delays.
Traditional litigation may offer more structure for couples with complex issues. Before deciding on this type of divorce, you will want to weigh the pros and cons and consult with a collaborative legal team to determine the best approach for your specific situation.
If you are considering ending your marriage and are interested in collaborative divorce, reach out to the Choice City Family Law. We are here to assist with your family law issues in Colorado. Contact us today to schedule a consultation.
