How does collaborative divorce differ from traditional divorce?
In traditional divorce, one party sues the other for divorce. This leads to a series of legal steps which result in a negotiated settlement of issues through the parties’ lawyers or perhaps in a trial where a judge decides how issues will be resolved. Since the litigation process can turn into a hostile battleground, the spouses often see each other as adversaries and are called “opposing parties.” This may promote bitter, long-lasting conflict that takes an emotional toll on the entire family and is particularly devastating to the children. Collaborative practice was designed to be non-adversarial. The parties agree to resolve their disputes in a manner that works for the entire family. Both the parties and their attorneys sign agreements stating their commitment not to go to court. A collaborative divorce requires mutual respect and cooperation in order for parties to develop solutions that fit the needs of their particular family. Collaborative practice emphasizes the needs of the c
