Collaborative divorce is a process that enables spouses to resolve conflicts arising from their separation or divorce in a non-adversarial manner using a small team of experts including lawyers, financial specialists and mental health experts, if necessary.
Many people find the collaborative family law process preferable to a traditional court-based divorce process. The following are 5 benefits of a collaborative divorce in Alberta:
- You and your spouse stay in control of the process.
When you ask the court to make decisions for your family, you often end up with a make-shift solution that does not actually work for any members of your family. The collaborative divorce process allows you and your spouse to control the issues and the outcomes of the negotiation. There is no third-party decision maker to hijack your case and give you the decision they think you want. You and your spouse remain in charge of your own lives.
- You find solutions that work for your entire family.
Using interest-based negotiation techniques, collaborative divorce professionals help the spouses come up with novel solutions that address everyone’s needs. The courts tend to provide one-size-fits-all orders to problems. There’s a winner and a loser. Unfortunately, this model is rarely an appropriate way to help a family move on from a divorce or separation.
- You can avoid the stress of traditional litigation.
Testifying in court about your family, your finances and your personal life is something that few people enjoy. You have very little control over the process and there is a high level of uncertainty with respect to the outcome. Divorce is considered one of the most stressful life events that you can experience, which can have serious effects on your health. But it doesn’t have to be that way. The collaborative divorce process provides you with the support and control that you need to minimize the stress that you experience.
- You can protect your family’s privacy.
Many people do not understand that when you go to court, all of the information that you present to the court is a matter of public record. Court rooms are open to the public and anyone off the street has the right to come and listen to you and your spouse testify about your very personal issues. You can maintain your privacy by using a collaborative process that requires all the openness and exchange of financial information of the traditional litigation process, but keeps that information between just you and your spouse.
- You can avoid the financial costs of traditional litigation.
Collaborative divorce can be less expensive than going to court for several reasons. It can be a faster process and is specifically designed to be more efficient than litigation, which generally means you will pay less for legal fees. The process also enables parties to share experts, avoiding the need to pay for two financial experts or two property valuators. While there is no guarantee that you and your spouse will successfully come to an agreement, or will do so in a cost-effective manner, for most couples, the process enables them to save money.
Our Edmonton collaborative divorce lawyers can help you decide if the collaborative divorce process is right for you. Contact us today to speak with a collaborative family law professional about your case.
Disclaimer: Please note the content in this article is not intended to act as legal advice. For more specific legal advice please consult with an Edmonton divorce lawyer.