Helping You Find Practical Solutions In Divorce And Co-Parenting

Collaborative divorce vs. litigation

On Behalf of | Sep 28, 2023 | Divorce

Many people avoid or at least delay filing for divorce because they believe that the process will be expensive and acrimonious. Divorce litigation can worsen the already-damaged relationship between spouses and can also create a lot of stress for the children in the family.

Many adults don’t initially know that there are alternative options. Collaborative divorce is one of the more accessible options for those who believe their marriages are not salvageable. The typical collaborative divorce involves directly working with one another to handle the logistics of ending a marriage rather than fighting in court. Although this approach is not the right option for everyone, it can be beneficial for those couples who can reach a fair agreement without judicial intervention.

Control over the outcome

Spouses never have any guarantee about how a judge might apply community property rules to their assets or what details they will include in a custody order. If people have assets that they want to preserve or specific other terms that they feel strongly about securing, a collaborative approach to the divorce will make it easier to achieve those goals.

Potential relationship damage

The intense disagreements that couples experience in divorce court will only worsen the dynamic between spouses. A scorched-earth approach to divorce may be cathartic at first, but it will likely cause additional damage to the relationship between the two spouses. Particularly if they live in a close-knit community or share children with each other, divorcing spouses may want to minimize those hostilities by working cooperatively if possible and appropriate. Collaborative divorce generally requires that couples practice more effective communication and conflict-resolution skills.

Fewer scheduling conflicts

One of the most frustrating aspects of divorce is how little people can actually control. Frequently, spouses have no say in when they go to court or how many days they must be present in the courtroom. They may miss a lot of work due to the court schedule. Collaborative divorces give people more control over the actual dates when they meet one another and also over the overall timeline of the process. Spouses can significantly reduce or even eliminate missed time at work through a collaborative divorce because they can set their own schedules instead of being dependent on the family court system for scheduling.

Collaborative divorce offers a host of benefits for those who can prioritize their long-term happiness and stability over their short-term emotional conflicts. With that said, there are good reasons why some spouses choose litigation, as not every individual is able to safeguard their interests effectively in a collaborative environment. Litigation may be a lengthy, expensive prospect but it is the best choice under certain circumstances. Learning more about collaborative divorce versus litigation might help divorcing spouses in Texas make use of the best option for their situations.