In Pennsylvania and elsewhere collaborative divorce is rapidly becoming an increasingly popular alternative to traditional divorce litigation.
An article in the Huffington Post notes that a new reality TV show on the Bravo Network, “Untying the Knot,” focuses on the tribulations of spouses who have decided that they are ready for a divorce. The author of the article wonders whether the show will, or should, feature the “outright meanness” that can accompany some divorces. Fortunately, not every divorce involves manifestations of “outright meanness.” In situations where the two parties show a desire to cooperate with each other in working out the details of a divorce, collaborative divorce -also called collaborative law – is an increasingly popular alternative to traditional divorce litigation.
When a traditional divorce takes place in Pennsylvania, a court has final say on matters such as the disposition of marital property, child custody, visitation, child support and alimony. Using the collaborative divorce approach, the parties use out of court negotiations in order to reach their own negotiated settlement on these matters. Each party is represented by separate attorneys during the process and all work together as a team.
Collaborative divorce is an efficient means to preserve harmony and good will between the parties. It also has the beneficial effect of lessening the impact of a divorce on children who, in many cases, are emotionally traumatized by a divorce. The concept of collaborative divorce is properly viewed as a problem solving, teamwork approach to divorce. When the process works, people are extremely happy that they choose collaborative divorce over traditional divorce litigation. According to the International Academy of Collaborative Professionals, almost 90 percent of reported collaborative cases result in an agreement.
The Pennsylvania Bar Association agrees that one of the primary reasons for collaborative divorce is to prevent animosity that often tends to complicate the divorce process unnecessarily. The Collaborative Law Committee of the Pennsylvania Bar Association observes that the true genius of the collaborative process is that it takes cognizance of the fact that the emotional issues underlying every marital conflict are unique. This uniqueness is taken into account by skilled attorneys who handle collaborative divorce cases in order to facilitate the crafting of a tailor-made settlement agreement rather than a one size-fits-all solution.
Not for everyone
Collaborative divorce is not for everyone. In situations where you suspect that your spouse cannot be trusted, or the relationship has been “one-sided,” it is probably best to forgo a collaborative divorce. For example, the author of a Forbes Magazine article advises not to use collaborative law if you suspect that your spouse is hiding assets or income.
The author of an article published in U.S. News and World Report believes that collaborative divorce is not a particularly good idea in situations where a spouse has a controlling personality or is intimidating. A domineering spouse might attempt to hijack the collaborative process and engineer an unfair agreement. Finally, collaborative divorce may not be wise if your spouse has engaged in, or threatened, violence against you or your children. In order to achieve a fair negotiated agreement, it is vitally important that everyone feels safe during the collaborative process rather than feeling physically threatened.
Seeking counsel
Divorce is seldom described as a pleasant experience. However, collaborative divorce can make a divorce a lot easier on everyone including your children. If you are facing a divorce and are interested in the collaborative process, you should contact an attorney experienced in handling collaborative divorce cases. The attorney can advise you on whether he or she believes that collaborative divorce is right for you.
Recent Comments