4 Benefits of Collaborative Divorce Over Traditional Litigation


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    Connecticut Divorce Mediator and Family Law Attorney Paul McConnell is a former Judge, Marine Corps infantry officer, and federal prosecutor with extensive grand jury, trial, and appellate experience.

    • Benefits of Collaborative Divorce

      Over the years, couples and family law attorneys have begun finding alternatives to traditional court litigation to come up with a final divorce agreement. Despite what you may see on TV or in the movies, there are other ways to handle the divorce process without the yelling and courtroom drama. One of these methods that have been gaining in popularity is collaborative divorce, a unique process that has several benefits relative to litigation in court. 

      The main difference between collaborative divorce and litigation is that in a collaborative divorce, both spouses (and their attorneys) sign an agreement that they will forego court proceedings. To help you get a better idea of how collaboration can benefit you and your family during your divorce, we have compiled some reasons that many couples find collaborative divorce attractive:

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      Collaborative Divorce Avoids Contentious Court Battles

      It bears repeating that divorce does not have to devolve into shouting matches in court. Such actions can exacerbate the pain, heartache, and stress commonly associated with the process. The overall tone and attitude of parties engaged in collaboration are markedly different from a contested divorce, which almost always paves the way for a relatively smooth process.

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      You Still Get the Benefit of an Attorney

      In a sort of best-of-both-worlds scenario, both spouses in a collaborative divorce still retain lawyers to help guide the process and advocate for each party’s side. However, the attorneys, in general, will not adopt a hostile or aggressive demeanor like you sometimes see in court. In a collaborative divorce, your attorney is there to ensure that you at least make a solid case for your wishes while promoting a cooperative and respectful atmosphere. 

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      Your Children are Mostly Shielded from the Divorce Process

      Our firm understands your children are your greatest assets and that it is in their best interests to experience minimal stress and anguish during your divorce. Neutral third-party professionals are brought into the collaborative divorce process to provide opinions on best practices; one of these professionals is often a child specialist who can advise you and your spouse on ways to help your children along in the process. Collaborative divorce places a premium on the overall wellbeing of your children. 

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      Collaborative Divorce is Time and Cost-Efficient Compared to Traditional Litigation

      If you and your spouse opt to battle in court, the process will be relatively prolonged. For example, divorce litigation requires a period of discovery in which both parties request and give information and documents that may be pertinent to the divorce agreement. This can take up to six months. Conversely, collaboration has a relatively free flow of information, cutting down on overall time and costs. 

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