Conventional divorce – with the spectre of litigation and lengthy court time – can create significant unease in couples who wish to divorce in a respectful, dignified way. Collaborative divorce (or no-court divorce) can be a viable alternative to traditional divorce proceedings. Each situation is unique and the approach to divorce must, then, uniquely fit your needs, but collaborative divorce may be an avenue worth exploring if you:
- Want to maintain control of the divorce process and avoid litigation.
- Wish to minimize impacts on your children.
- Believe you and your spouse can maintain a tone of respect, despite inevitable disagreements.
Every divorce is different, but in specific situations, collaborative law can help transitioning couples move beyond today's frustrations and pain to find common ground and mutually beneficial solutions for the future.
There are limitations to collaborative law – decisions made in the process are binding and parties relinquish their right to litigate if agreements cannot be reach – which means the approach is not for everyone. But your lawyer can provide an evaluation of your case and recommend optimal strategies to meet your needs, protect your rights, and, if children are involved, lessen the divorce impact on them.
Another non-traditional approach to divorce is a hybrid of collaborative law and mediation, referred to as Early Neutral Assessment. It has a variety of benefits associated with the Collaborative Law process, but decisions made in ENAs are not binding and couples reserve the right to move to a traditional divorce process if agreements cannot be met. For more information on ENAs and how the process works, click here.
To see if collaborative law or ENA might be right for your particular situation, call us today for a consultation.