Like most everything in life, divorce has changed tremendously over the last several decades. Beyond changes with the way parenting time and finances are divided today, the means to achieve a divorce are more dynamic and diverse than in year’s past.
Along with movement toward equity in divorce, there are various approaches to making divorce more affordable, peaceful, and streamlined for all involved. These new ways to address divorce can minimize stress, reduce conflict, and decrease some of the financial burden on everyone involved.
Two of the approaches that are best for couples that are highly transparent about their finances, desires, and seek a more peaceful approach to the divorce process are Collaborative and Cooperative divorces. In these approaches, parties work together and oftentimes have more favorable outcomes, more control over the process, and a stronger influence on timing and details. Many times, these approaches can even result in a stronger co-parenting arrangement because divorcing couples understand what is important to each party and have worked through issues beforehand.
In this post, we’ll dive into Collaborative and Cooperative Divorces, how they differ, and which might be the best for you, and your finances.
Collaborative Divorce Defined
A Collaborative Divorce includes a dedicated support team consisting of (at minimum) one attorney for each party, a neutral financial analyst, and a mental health facilitator. The main factor that establishes a divorce as “Collaborative” is when a Participation Agreement is signed by both parties and their attorneys to negotiate their divorce in a respectable manner in good faith, abiding by outlined principles and guidelines with a commitment to settle without court intervention. It is understood that if for some reason the Collaborative process is not successful (uncommon, less than 5% of Collaborative cases) then the parties will be required to retain new legal counsel to move forward with a traditional divorce via the court system. In fact, all parties agree not to even threaten litigation and instead work to mediate, collaborate, and negotiate instead.
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In this approach to divorce, goals are established by each party that are continuously recognized and addressed. With the help of professionals, the parties learn how to problem solve in a safe environment utilizing different skills and strategies than what they are most likely familiar with. No court deadlines or threats of litigation allow for the couples to engage in problem-solving that minimizes possible manipulation. Being out of the court system also offers privacy in resolving disputes respectfully. Attorneys draft all paperwork as the divorce moves forward and parties submit everything (including the initial ‘filing for divorce paperwork’) together at one time for the judge’s stamp of approval.
In a Collaborative Divorce, if parties cannot come to an agreement, the attorneys must withdraw from the case and the parties must start over with new counsel and court proceedings. Because of this “no litigation and continuation” agreement, all parties and their attorneys are highly incentivized to settle out of court in a timely manner.
Cooperative Divorce Defined
Cooperative Divorce has similar goals of a collaborative divorce, including the desire to reduce stress and conflict while saving money. The biggest difference between the two approaches is that there is no formal agreement in a Cooperative Divorce. It is more of a good-faith effort to settle out of court. Litigation is an option in Cooperative Divorces and neither party is prevented from filing court orders to resolve issues, at any time in the process.
In the same way, both parties create a team of divorce professionals to help support everyone involved, and settlement is on their terms. However, because litigation is a looming option, attorneys and clients may not be as invested in getting the case settled and therefore may operate from a further distance. Because the option of litigation is available all along, your chosen attorney can continue to represent you if the case goes that way. Unfortunately, sometimes, negotiating in meetings with your spouse is too painful or not fruitful, and cooperative divorces give you the option to change course at any time. Therefore, some people perceive this method as less risky because parties don’t have to start completely over with new attorneys, but riskier because either party can involve the court at any time.
There is a lot to consider about the way you approach your divorce. From the emotional turmoil it can cause, to how your spouse might respond to one approach over the other, to the inevitable financial burden. If your situation is fairly amicable, consider these approaches and discuss the pros and cons with your ex-spouse.
Regardless of your chosen approach, it is best to get experts involved early. Financial professionals can often supplement the knowledge of your attorney and help you achieve the outcomes you desire. When you go into collaborative or cooperative discussions with your financial needs and goals clearly outlined, you can better negotiate what you want.
The experts at A.M. Financial can serve as neutral financial analysts in Collaborative and Cooperative divorces. Contact us to learn more about how we can help in a no-cost, initial consultation.