A group of women at a business meeting

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 an 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.