Frequently Asked Questions
Why use Collaborative Divorce when most non-Collaborative divorces are settled out of court?
Even though about 90% of all non-Collaborative family law cases are settled out of court, the process is still adversarial—and that's very different from Collaborative Divorce.
With adversarial divorce:
- Your lawyers advocate for you separately, aiming to get you a better deal than your partner or spouse (win-lose).
- You and your partner communicate through your lawyers using proposals, counterproposals and ultimatums, rather than talking directly.
- Your negotiations are often limited by formulas, statutes, rules of thumb and the threat of litigation.
- Many settlements are reached at the last minute, which is stressful and usually expensive.
- The adversarial process can create bitterness and anger that lasts for years.
With Collaborative Divorce:
- Your lawyers work together, aiming to create the best possible agreement for the whole family (win-win).
- You and your partner negotiate directly, with the support of skilled professionals who make sure everyone's needs are taken into account.
- You and your partner control the process, not court-based rules and schedules.
- Emotional support from Divorce Coaches can lower both stress and cost by helping you move past conflict to agreement.
- The Collaborative process can heal bitterness, resolve anger and create a plan for a positive future.
Both Collaborative and non-Collaborative divorce generally leads to a settlement. It's up to you to choose what will work best for you and your family.
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