Even if you and your spouse can’t agree on every issue, a Collaborative Divorce can still be a success. The Collaborative Divorce process most often results in all matters being resolved. On occasion, a couple is able to resolve most matters, like property division or parenting plans, leaving only one or two issues for a judge to decide. The progress made isn’t lost, and couples enter the court process better prepared and with less conflict. Because Collaborative Divorce promotes informed decision-making and cooperation, it often leads to faster, more durable resolutions, even when full agreement isn’t reached.
Collaborative Divorce is designed to help you resolve issues outside of the courtroom with the support of a team of divorce professionals. It is a more respectful and efficient approach than traditional litigation and has a very high success rate. But what happens if you and your spouse can’t reach an agreement on everything? Does that mean the entire process has failed? Not necessarily, and here is why:
Partial Agreements Are Still Successes
In some Collaborative Divorce cases, you and your spouse can reach agreement on many, if not most, issues, such as dividing property and debts, or setting a parenting plan. Often, it’s just one or two areas of dispute that remain unresolved, like whether an asset was a gift or how much support should be paid.
In these situations, the agreements already made don’t have to disappear. You can keep those in place, and only the unresolved matters are sent to a third-party decision maker, usually a judge. This means that instead of battling over everything in court, you are only addressing the narrow issues you couldn’t agree upon.
Going to Court Doesn’t Undo Collaborative Progress
Unlike traditional litigation, where failing to agree on one issue can drag every part of the divorce into court, the Collaborative Divorce process allows you to preserve the progress you’ve made and seek a 3rd party decision on the items about which you cannot agree. Judges appreciate this efficiency. Because you have already worked with a team of professionals, you and your spouse come into court well-informed, with a clearly defined dispute, and the evidence to support your desired outcome. That often allows the court process to move more quickly and with less conflict.
Other Avenues for Resolution
Even when Collaborative Divorce doesn’t lead to complete resolution, couples often find alternative paths to settlement. Some unresolved issues can be handled in Mediation, where a neutral facilitator helps bridge the final gap. In many cases, disputes will settle at a pre-trial settlement conference, meaning the judge doesn’t have to make the final decision.
Why Collaborative Divorce Works
At its core, Collaborative Divorce works because it equips you and your spouse with knowledge and support. Guidance from legal, financial, and mental health professionals help you to gain a clear understanding of the law and the practical realities of your options. This results in you being some of the most informed clients in family law, and why Collaborative Divorces tend to end in durable, lasting agreements.
Lisa R. Murray is an experienced family law attorney in the Collaborative Divorce and Mediation Processes. She can help you determine your goals in a separation or divorce.
Ms. Murray has been practicing family law since 1989 and is an owner of Chase, Berenstein and Murray Counselors at Law in Burlingame, CA. She has been recognized by Super Lawyers, (https://www.superlawyers.com) an elite group of 5% of lawyers for the past 19 consecutive years.
She can be reached at 650-642-3897 or visit https://chaseberensteinandmurray.com.