Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
These articles are for limited informational purposes only and are not, nor are they intended to be, legal advice. You should not rely on this information for your case and should consult with an attorney for advice regarding your individual situation.
Modern couples commonly divorce for various reasons, and you and your spouse’s decision to part ways does not necessarily mean you “have it out” for one another or are gearing up for a lengthy, expensive legal battle. If you are among the many divorcing couples who seek to make the divorce process as seamless and emotionally manageable as possible, you may find it beneficial to consider what is known as collaborative divorce.
At the foundation of collaborative divorce is an agreement between you and your soon-to-be-ex spouse that the two of you, alongside your respective attorneys, will sort through matters outside the courtroom. Everything from who is to have the children and when to who is going to remain in the family home is up for discussion during collaborative divorce proceedings, and if you and your partner decide to take this route, you may experience many benefits. For example, you may find you:
Spend considerably less on your divorce
Divorces are never free, but a collaborative divorce will likely cost you and your partner far less in the long run rather than going through more traditional courtroom proceedings. A knock-down, drag-out courtroom battle gets quite expensive due to attorney fees, court costs and related expenditures. In a collaborative divorce arrangement, however, you and your partner share your financial information with attorneys, which means they do not have to go hunting for it in an often-expensive process known as discovery.
Achieve results more quickly
Some professionals attest that collaborative divorce takes, on average, about 18 weeks, which is about one-quarter of the average time a traditional courtroom divorce takes. Part of this is because you are not at the mercy of a court or judge’s schedule, meaning you have more flexibility in terms of how often to meet, and for how long.
Reduce animosity
Should you go through with a regular courtroom divorce, you may find you take on a “me against them” mentality that can persevere long after divorce proceedings wrap. Taking a collaborative approach to divorce shows you and your partner can work together even after the demise of the marriage, which may prove especially beneficial if there are kids in the picture.
Unless your situation with your soon-to-be-ex spouse is particularly acrimonious, you may want to consider collaborative divorce.