What are the contrasts between Collaborative Divorce and Conventional Divorce?

Collaborative Divorce is a process which must be completed without court intervention. The parties must pledge in advance that they will not go to court and litigate any issue.
Conventional Divorce is a process that permits and most often involves court intervention. There is no pledge which keeps the parties from seeking a court decision on any issue.

The spouses make all of the decisions together in a Collaborative Divorce, and no decisions are imposed by a Judge. A Conventional Divorce typically has one or more decision(s) made by a Judge, although it is possible for spouses to reach a settlement.  A settlement reached in a Conventional Divorce happens with the threat of possible litigation, and consequently spouses often “give in” on one or more issues simply to avoid the hassle and uncertainty of a trial.  Collaborative Divorce reaches decisions that are acceptable and affirmed by both spouses.  There are no winners/losers in a Collaborative Divorce.

A Collaborative Divorce process identifies the interests of each spouse and works diligently to meet those interests within the framework of the settlement agreement. These interests can include concerns that a trial court cannot consider under the statutes and rules such as the future psychological well-being of the spouses, the behavior of the spouses toward each other during the marriage, and the importance of relationships for minor children with persons other than the parents, to name just a few.

The spouses in a Collaborative Divorce agree to fully and freely disclose any and all information that is relevant to resolving financial matters and custody and parenting arrangements. In a Conventional Divorce the spouses often have to resort to Interrogatories, Requests for Production of Documents, Depositions and/or Requests for Admissions.

The best interests of minor children receive top priority in a Collaborative Divorce.There are no bruising battles over custody or parenting time. With the help of a Child Specialist the parents identify the needs of the minor children and craft an agreement that fosters healthy relationships between the children and both parents.

Collaborative Divorce emphasizes cooperation, while Conventional Divorce permits and often emphasizes confrontation.