The word divorce often conjures images of bitter battles in court. People expect divorce to involve spouses fighting over property, financial support or custody matters. It is true that some couples cannot agree on any details about their divorces and must rely on judges to handle their disputes. However, many divorcing couples in Kentucky managed to resolve their disagreements amicably.
Collaborative divorce proceedings are one option for those hoping to limit the amount of conflict involved in the end of a marriage. During a collaborative divorce, spouses commit to working with one another to settle all of their outstanding marital matters. Why do many people decide to seek a collaborative divorce instead of litigating in court?
Concerns about privacy
Litigated divorce requires that people present a lot of evidence and testimony to the courts. Those disagreeing about what custody arrangements might be best for their children or the fair way to split their property may need to disclose very private matters in the courtroom. When people would rather keep the extent of their marital estate or the details of their family circumstances confidential, collaborative divorce may help. The issues that people discuss as they prepare for divorce usually remain private and are not part of the public record as they could be if presented as evidence in court.
Control over the outcome
Collaborative divorce involves compromise, but that is true of any divorce outcome. Judges decide the terms in a litigated divorce, depriving people of control over custody matters and property division issues that may have emotional or financial consequences. When someone feels strongly about securing specific terms, collaborative divorce can offer them an opportunity to compromise in other aspects of the divorce to secure the specific terms that matter the most to them.
Reduced relationship damage
Litigated divorces pursued as an adversarial process can do unimaginable levels of damage to the relationship between the spouses. Particularly when they have to see each other regularly after the divorce, collaborative proceedings can reduce the damage to their relationship with one another. Those who have to co-parent for years, who own a business together or who belong to the same community may find that collaborative proceedings not only reduce the conflict they have with one another but may give them practice communicating calmly with one another.
Pursuing a collaborative divorce can be an excellent option for spouses in a variety of different circumstances. Spouses who learn about different approaches to divorce can choose the best option given their needs.