Divorce is always stressful even when both spouses have arrived at the decision to divorce. Traditional litigation can contribute to the stress, pitting the spouses against each other, both wanting to be the “winner.”
A Collaborative Divorce is a non-adversarial process that focuses on respect, transparency, and integrity. It is a more holistic way to end a significant relationship and helps couples and families transition from one household to living separately.
Clients report feeling empowered by the Collaborative Divorce process. They feel they have had the opportunity to be heard and they are happy with the results.
Despite the positives of a Collaborative Divorce, the process is not always appropriate for everyone.
When a Collaborative Divorce Works
Collaborative Divorce works if you are committed to resolving your issues with your spouse through open communication and without threats of litigation. It is best for couples that seek to avoid an adversarial divorce but who need more professional support than is provided in typical family mediation. Your Collaborative Divorce team includes an attorney for each spouse, as well as neutral professionals, like financial and mental health experts, who will help the couple gather information and manage emotions as they go through the process.
The process works if you are willing to work on communicating with your soon-to-be-ex-spouse, particularly if children are involved.
In a Collaborative Divorce you and your spouse, work to reach a settlement that is equitable and meets both of your needs. Collaborative Divorce is for people who want an amicable divorce but struggle to have productive conversations about their divorce. The process provides the support needed to have those difficult conversations and learn new patterns of communication.
Unfortunately, the collaborative process does not work for everyone. There are couples for whom traditional litigation is a better choice.
When a Collaborative Divorce Doesn’t Work
There are some situations where it just does not make sense for a couple to invest in the Collaborative Divorce process.
Some examples are:
- When one spouse is struggling with an active substance abuse problem.
- When there has been a history of domestic violence or child abuse.
- When one spouse has unmanaged mental health issues.
- When one or both spouses cannot tolerate the idea of being in the same space with the other one and being forced to have direct conversations.
- When one spouse refuses to accept the fact that the divorce is occurring.
Contact a Vermont Collaborative Divorce Attorney
Members of Collaborative Divorce Vermont are specially trained to guide our clients through the Collaborative Divorce process to help them part without animosity.
For help assessing whether Collaborative Divorce is right for your situation, contact Corey Wood, family law attorney, for a confidential consultation.