Similarities Between Collaborative Divorces and Litigated Divorces

Is a collaborative divorce different from a "normal" litigated divorce? In many ways, these two processes are similar. They both serve to achieve the same outcome — the end of a marriage. On the other hand, the details of both processes are quite different. A collaborative divorce can be significantly cheaper, faster, and less stressful compared to a traditional, litigated divorce. Some even say that it is more humane and civilized. The entire philosophy behind this process is completely distinct from the competitive, conflict-based mindset associated with a regular trial.

On the other hand, a collaborative divorce is still a legal process, and you will still need to navigate the court system to some extent. This is hardly some "experimental" new strategy, and it has been around for many decades. In many ways, a collaborative divorce is now considered the "new normal." When you assess the similarities between a collaborative divorce and a litigated divorce, you will feel more confident about this process and its various benefits.

If you would like to learn more about the various details of a collaborative divorce, why not contact a qualified attorney with experience in this practice area? Book a consultation with a collaborative law attorney, and you can go over every detail of this process from start to finish. Not only can they explain how this all works, but they can also assess your unique situation and determine whether collaborative divorce is the right choice for you. Once you feel confident about this process, your attorney can guide you forward and help you end your marriage in the most efficient way possible.

What is a Collaborative Divorce?

Most of the collaborative divorce process takes place outside of the courtroom. Spouses meet with their respective attorneys to hash out a separation agreement's details. This legal agreement contains all the details of how a divorce will be handled, from child support and custody to property division and alimony. Once the spouses finish drafting this agreement, they simply present it to a judge during a hearing. The agreement then becomes legally enforceable, and the divorce is resolved.

What is a Litigated Divorce?

A litigated divorce is resolved via a trial. Both spouses will try to gain the upper hand in every aspect of their divorce, and fierce legal battles can ensue. A judge makes the final decision. In some cases, this process can be drawn out over a period of years, and it is prone to numerous delays.

Similarities Between the Two Options

At first glance, it might seem like these two options are diametrically opposed. While this is true in some respects, there are also many similarities between a collaborative divorce and a litigated divorce. First of all, both options adhere to the same general principles. Spouses may agree upon matters related to child custody, but a judge still ensures that the children's best interests are followed. In addition, you must still go through many of the same steps, such as serving your spouse the divorce papers at the beginning of the process.

You will also need a lawyer, regardless of whether you choose a collaborative divorce or a litigated divorce. Your lawyer can negotiate on your behalf and help you draft your separation agreement. This is very important, as a judge may only accept your separation agreement if it is drafted properly.

Finally, a collaborative divorce provides you with the same general outcome — the end of a marriage. A collaborative divorce carries the same legal weight as a litigated divorce, and you can still move on with your life after this process is concluded.

Enlist the Help of a Qualified Attorney Today

If you have been searching the North Carolina area for a qualified, experienced collaborative law attorney, look no further than Arnold & Smith, PLLC. Over the years, we have helped numerous spouses navigate their divorces, and we can guide you through the process of a collaborative divorce, as well.

Do not make the mistake of thinking this process is new and untested. Far from being an "experimental" strategy, a collaborative divorce is a time-tested, reliable method for ending your marriage quickly, cheaply, and stress-freely. At the end of the day, a collaborative divorce is not all that different compared to a litigated divorce. Book your consultation today, and we can explain this process in much greater detail.