Deciding whether collaborative divorce is the correct route

Posted By The Law Office of Kelley M. Enderley, PC || 4-Jun-2014

We've been hearing more and more about collaborative divorce in the media. Though this promises in certain divorce matters to be less contentious than taken the case through court, it requires a level of commitment from all the parties involved to be successful.

Parties to such a divorce do need to be collaborative. This can be difficult, however, because individuals are often blind to their own faults. While these individuals may deem the actions they take as being collaborative, the evidence may point to another conclusion.

Unfortunately, there are certain types of personalities for which a collaborative divorce would likely be well-suited. However, if the two spouses are determined to make the process successful there is a better chance that the whole experience will be a positive one.

Even in a collaborative divorce, the needs of the children must be taken into consideration. In certain circumstances a child specialist is brought in to make certain the child's concerns are addressed.

The collaborative process to be successful will require adequate communication, understanding by both parties, and a safe environment where trust and respect are fostered. The attorneys involved also will need to bring in a feeling of trust for the process to work.

It does need to be kept in mind that there is no such thing as a divorce process is easy. This applies even to collaborative divorce. The process can often begin as a result of unhappy circumstances while eventually becoming more positive as it moves towards resolution.

Many good family law attorneys will work towards a constructive divorce settlement that is amiable in nature. At the same time, one's interests need to be protected during the divorce. Therefore it's always a good idea to receive confidential legal advice to make certain that whatever divorce process is chosen is the right one.

Source: Huffington Post, "What Is Required to Make Collaborative Divorce Truly Collaborative?" Mark Baer, June 3, 2014

Categories: Divorce