Why is it So Important to Succeed With Your Collaborative Divorce

Whenever you attempt any goal, it is always best to aim for success. Failure is never a good thing, whether you are playing sports, pursuing a career, or trying to finalize a divorce. But why is success so important when you choose a collaborative divorce? If you are considering whether or not to choose a collaborative divorce, you may have heard about the potential consequences if negotiations break down. Make no mistake, it is important to avoid this eventuality at all costs. But why is this? What exactly happens if your collaborative divorce fails, and how can you attempt to rectify this situation?

The first thing you need to know about collaborative divorce is that this process is much easier alongside a qualified attorney. The possibility of failure falls dramatically when you work with one of our legal professionals, as we will do everything in our power to make sure the process goes smoothly. While some hurdles are unavoidable, an experienced attorney knows how to avoid many common pitfalls and mistakes, raising the chances of a positive outcome.

Before the collaborative divorce begins, all parties will sign a special agreement. This agreement may include a number of terms, including a general commitment to cooperate and compromise in a collaborative fashion with your former spouse. However, the key thing to remember is that everyone agrees not to go to court. If negotiations break down, you will have no choice but to go to court. Since your attorneys signed an agreement not to do this, they are legally obligated to step away from the case and cease all involvement.

The end result is that you will need to hire a new attorney prior to going to trial for a litigated attorney. This is obviously an inconvenience for any spouse, and it means that you will essentially be starting from square one all over again. Evidence that you exchanged and discussed during your negotiations may be inadmissible during this trial process. In particular, your new attorney cannot mention or use any of the confidential communications that occurred during the negotiation process. This may prove to be a significant disadvantage in some scenarios. That being said, your new lawyer can still pick up where your previous attorney left off, using much of the same evidence compiled and gathered.

The best way to avoid a failed collaborative divorce is to work with a qualified, experienced attorney who has dealt with many of these cases in the past. These legal professionals can help both spouses approach this situation in a way that minimizes conflict and maximizes the chance of a positive resolution. For example, spouses can be instructed to phrase their demands in a less confrontational manner. Instead of giving your spouse an ultimatum such as “I’m keeping the house or I’m walking away from these negotiations,” you can adopt a more understanding, flexible stance.

You could instead say something like “The house is very important to me because of the connection I have with my community.” In this situation, a wider range of possible resolutions becomes possible. If you cannot keep the house, you may be able to purchase another home in the same area with money from the family estate. Skilled attorneys can guide couples toward this more collaborative mindset and away from the typical standoffs into which so many divorces devolve.

A range of other tactics may also be helpful. Sometimes, dealing with an impasse is as easy as taking a break for a few days. This allows spouses to “cool off” while they think about the negotiation. Often, spouses then return to the negotiation table a few days later ready to compromise and work toward a solution.

If you have been searching for an attorney who knows how to approach your collaborative divorce in the most efficient way possible, look no further than Arnold & Smith, PLLC. We know how high the stakes are in this scenario, and we will do everything in our power to avoid the breakdown of negotiations. We can utilize a range of tactics to keep the process moving forward, and we can help in a number of different ways. From representing you at the negotiation table to gathering documents and so much more, you can depend on us to get the job done right the first time. Book your consultation today, and we can explain more about how best to approach your collaborative divorce.