Collaborative divorce benefits fathers because it helps them get the parenting time they want without the stress of a contentious divorce. Collaborative divorces are a type of alternative dispute resolution (ADR) that enables divorcing couples to settle their divorce outside of court.
Collaborative divorce occurs when each spouse is represented by their own divorce attorney while discussing important aspects of their dissolution, such as the division of property, spousal support, child custody, and child support. There are several reasons why a father can benefit from a collaborative divorce.
Collaborative Divorce Benefits
Collaborative divorce can benefit couples, whether they agree on aspects of their separation agreement or not. The goal of collaborative divorce is to help parties reach a compromise. This is especially useful for parents who are trying to determine a fair and supportive parenting plan.
Some of the benefits of a collaborative divorce include:
Easier on the Whole Family
The greatest benefit for fathers in a collaborative divorce is that it is less stressful and easier on the entire family. The lowered stress on parents will be apparent to children, and a lower number of court appearances makes the process easier for them.
It is also beneficial because the process does not take as long. If a child’s wishes are needed for the negotiations, a collaborative divorce scenario is much less overwhelming and high-stakes. A collaborative divorce can help children feel more at ease with the difficult process.
Creates Co-Parenting Foundation
Collaborative divorce enables spouses to collaborate together on important divorce aspects, including their children’s welfare. When parents work together for their children’s interests, it creates an effective beginning for their co-parenting relationship. Children are also able to see their parents working together, which is beneficial for them.
Less Expensive
A collaborative divorce is significantly less expensive than litigation. Litigation may require multiple court dates, several court costs, and much higher attorney fees. Attorneys tend to charge higher rates for litigated divorces, and the amount of time litigation takes will also increase these costs. Litigation also frequently encourages contention between spouses, making the process even longer.
A collaborative divorce has fewer of these costs and is flexible for your schedule. In court cases, you must meet based on the availability of the court and at the court’s location. Collaborative divorce enables you to meet with your spouse at a closer location and in accordance with both your schedules.
Less Time-Consuming
Due to not waiting for the court’s availability, and because spouses are able to work together rather than against each other, collaborative divorces are much faster. A litigated divorce can take a year or up to several years to resolve. Often, a collaborative divorce can be settled in several months. A faster finalization enables both parents and their children to move on from the stressful process and begin to adapt to their new lives.
More Control
A litigated divorce will be decided by the family law judge. Although spouses can advocate for their wishes, the court has the final say. Spouses can increase the effectiveness of advocacy with an attorney, but the court will decide anything not already agreed on in a separation agreement. Though the judge will work with the information provided, they do not know your family and their needs as well as you do.
A collaborative divorce is finalized when both spouses agree to it, and it is approved by the court. This means that a divorce order cannot be reached unless both spouses agree to it. This ensures that each party has control over the divorce decree.
Protect Privacy
When a divorce is litigated, discussions are part of the public record. This can include sensitive personal and financial information and even information about your children. Settling your divorce privately will limit the amount of information that is public, protecting your entire family’s privacy.
FAQs
Q: What Is the Downside of Collaborative Divorce?
A: Collaborative divorce only benefits couples who are able to reach an agreement. Couples who are unwilling to compromise or cannot find a solution will end up having to litigate their divorce regardless, wasting time, energy, and expense on the collaborative process. If the agreement that the couple comes to is not approved by the court, they may have to either go through the collaborative process again or turn to litigation.
If your divorce moves to litigation, it is likely that you will need a different attorney as well. Collaborative divorces are also not useful if your spouse is trying to drag out the process and avoid a solution.
Q: How Long Does a Collaborative Divorce Take?
A: Collaborative divorce often takes several months to negotiate and finalize. The amount of time a collaborative divorce takes will depend on many factors. These include:
- If you and your spouse have significant or complex separate and marital assets
- Complex child custody decisions
- The skill of your attorneys
- The willingness of each party to negotiate and compromise
- If the court approves the final separation agreement
- The waiting periods required by the state where a couple files in
Collaborative divorces typically take much less time than contested divorces.
Q: Is Collaborative Divorce the Same as Mediation?
A: Collaborative divorce and mediation are both forms of alternative dispute resolution (ADR) but are not the same process. Mediation occurs when couples negotiate their separation agreement privately with the help of a third-party mediator. The mediator may be a mediation attorney or another professional.
A collaborative divorce is a similar private negotiation, but each spouse is represented by their own legal counsel, and there is no third party. Attorneys experienced in divorce and collaborative divorce will be effective at protecting their client’s rights while helping couples reach a fair agreement.
Q: How Much Does a Collaborative Divorce Cost?
A: The cost of a collaborative divorce relies on many factors, though it is typically more expensive than mediation and less expensive than litigation. The costs of a collaborative divorce depend on:
- The attorney and firm’s unique costs. Most family law attorneys will charge an hourly rate, sometimes with a retainer fee.
- How long the process takes. If you are being charged hourly, the amount of time you and your spouse take to negotiate an agreement will increase the costs of the process.
- The experience of your attorney. Attorneys with more experience typically charge higher rates.
Contact Stange Law Firm
A detail-oriented and skilled attorney at Stange Law Firm can better help you determine the right option for resolving your divorce. Contact our team today.
