Why Collaborative Divorce Doesn’t Work for Everyone

We already know almost 50 percent of first marriages end in divorce — in fact, that’s probably why you’re here. What we don’t know is how many divorces end in disaster. While most cases close with a settlement that never sees a trial, others require further intervention from a judge. Likewise, sometimes the collaborative divorce process breaks down; others, it shouldn’t have started to begin with.

Wondering if collaborative divorce is right for you? Let’s consider why it doesn’t work for everyone so you can get the most from the divorce regardless of the option you choose.

Cases of Domestic Violence

The collaborative environment should be a safe one. Furthermore, no partner should have an upper hand in any matter. With that said, it’s near impossible to promote a harmless and fair situation when one partner is physically abusive. For one, in the collaborative divorce process victims of domestic violence could find themselves easily manipulated when face-to-face with their offender.

More importantly, issues of domestic violence often call for further legal action (outside of the divorce itself). In some cases, evidence of your ex’s past transgressions could necessitate a restraining order — especially since the emotional instability that comes with separation could serve as plausible cause for an abuse trigger: one that could lead your ex to commit more dangerous acts.

Other High Conflict Situations

From lingering insecurities regarding infidelity to general emotional hostility or even flat out lack of cooperation, high conflict relationships may not be suitable for two-way divorce discussions. Ultimately, collaboration feeds on honesty and mutual respect; if either partner lacks these basic abilities, then it may not be possible to engage in the required teamwork.

Fundamentally antagonistic and aggressive parties often lack the openness needed for a timely and considerate collaborative divorce settlement.

What’s the Alternative Look Like?

In some instances it’s best to let the lawyers do the talking. Often this can involve a lot of back and forth before a settlement is reached. Just like collaborative divorce, if a settlement can’t be reached, the case may need to go to trial. An experienced divorce attorney will help you prepare for the prospective difficulties you’ll encounter with or without legislative intervention.

Ready to explore your options when it comes to collaborative divorce or litigation? Contact Dean G. Tsourakis today to schedule a free consultation with an experienced divorce attorney.