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How does collaborative divorce handle the “tough topics?”

| Mar 24, 2021 | Divorce |

Issues of child custody and support, alimony or property tend to be the ones that make people most skeptical of committing to a collaborative divorce. However, collaborative divorce is a process that emphasizes resolving disputes, not simply fighting them out.

How would one emphasize resolution over fighting?

The popular portrayal of attorneys is not kind in many ways. It is an often-cited point that contentious divorces are more lucrative, and while that can be true, the collaborative process entirely negates that argument.

Each attorney who serves in a collaborative case signs an agreement that disqualifies them from participating in the case further if collaboration fails. This is but one of several pragmatic choices that work to defuse a potential divorce.

Additionally, the professionals involved in a collaborative divorce may not necessarily be attorneys. You may have:

  • Mental health professionals
  • Financial professionals
  • Childcare specialists

And whoever else may provide insight into the issues at hand for your family.

Can the collaborative law process solve every issue?

We’ve written previously about the reasons to consider the collaborative process, but one thing we didn’t speak on was personality. In Alaska, the grounds for a no-fault divorce are specifically an “incompatibility of temperament.” That curious phrase underscores the complexity of personalities involved in a divorce.

For some couples, those looking to “minimize the damage” and who want to complete the process quickly and with as minimal fuss as possible, collaborative law is possibly the way to go. As for those spoiling for a fight? Collaborative law is likely just another stalling or delay tactic.

Careful consideration for your next step

Choosing to divorce is not something anyone does on a whim. It is a considered end to an important relationship. The only person who knows whether a given type of divorce is best is you.