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Why do divorcing couples choose collaboration over litigation?

If you are contemplating divorce, you may be wondering about the best avenue to take to get out of your marriage. A court proceeding is the traditional way in which most people carry out divorce, but there may be a better way for you.

The collaboration process has been gaining in popularity, largely due to its many advantages over litigation. If you believe that you and your soon-to-be ex can fashion a reasonable divorce agreement, the collaborative process may be just what you are looking for.

Litigation issues

Among the objections that people have to a court proceeding when they are in the throes of divorce is that litigation is a lengthy, expensive process. Furthermore, the court has control and therefore the ultimate say in terms of the structure of the divorce agreement. Both parties lose control of many decisions, and there is also the very real possibility that the couple will be back in court to re-litigate in the not-too-distant future. There is a negative feel to this method of exiting from a marriage, with couples feeling even more hostile toward one another.

Where collaboration improves the picture

A couple engaged in collaboration meet together with their attorneys and enter into a written agreement to settle their family law disputes. The attorneys guide them through the process, with a goal of open dialogue and conflict reduction. Effective collaboration also helps to minimize the emotional strain on the couple's children and strengthen the parent-child relationship. Neutral experts, such as therapists or parenting coordinators, may assist.

Reaching common ground

Divorce collaboration may not be for everyone; every case is unique. However, if you and your spouse want to avoid costly, lengthy and possibly rancorous litigation, and prefer an atmosphere that promotes more civilized discourse and opportunity for agreement, you may wish to speak with an attorney experienced in family law and the collaborative process.

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