Historically, divorce has been a contentious process, often being labeled as “bitter” by spectators. However, divorce is in essence a business deal. The spouses must usually reach some solution regarding their existing assets, child custody, visitation and child support matters. Most divorces end in settlement. Collaborative divorce provides an alternative to the adversarial process involved in most divorces.

Cooperation

One key aspect of collaborative divorce is the emphasis on cooperation. In an adversarial divorce, the parties often take opposing sides on major issues and have their attorneys’ battle out a negotiation. In collaborative divorce, the parties work together and come up with solutions that work for them and their families.

Focus on the Future

In some divorce cases, the emphasis tends to be on the past. One party may feel aggrieved and entitled to a greater stake of the marital estate because he or she has been wronged. In collaborative divorce, the focus is on the future. The parties think about how they will both be able to survive and thrive after the divorce. More thought goes into the settlement process which focuses its attention on making both parties solvent after the divorce.

Customization

Many court orders include standard language that is given to many different couples in different situations. A collaborative divorce focuses on the individual needs and interests of the parties. Agreements that are brought about by collaborative divorce are often much more detailed and thorough as they showcase the actual intent of the particular parties involved, rather than providing a basic roadmap in a generic manner. When parties are instrumental in the creation of the agreement, they are more likely to abide by the terms than when an order is simply imposed on them by another individual.