DIVORCE ADVICE Q&A: Collaborative Divorce Process or Divorce Litigation Process: Which is better?

Question: Which is better collaborative divorce or litigation?

How You divorce Can Make a Big Different in Your Emotional Life

Attorney Eric Beal is a collaborative divorce lawyer in Texas and he wrote the article 5 Good Reasons NOT to Choose a Collaborative Divorce¬†and it’s a really good article that gives great divorce advice. It is a total tongue in cheek article but he makes his point by being sarcastic. For example, the reasons he says you should NOT choose a collaborative divorce are:

  1. You want More Enemies
  2. You want more stress in your life
  3. You like talking about your private life in front of strangers
  4. You don’t want help from a team of professionals
  5. You are a liar.

Either way you slice your cake, your divorce will give you a bit of stress but most people would agree that the collaborative process, when it works as it should, is the least stressful of the two approaches to divorce.

It is not a perfect science however. And all five of these points that Beal makes are applicable in either scenario – whether collaborative process or litigation process. Especially the fifth point about liars. Just because you have a collaborative divorce does not mean your spouse won’t or can’t like through their teeth.

Sometimes, the collaborative divorce idea just implodes and parties end up in litigation anyway. But when it works, it is definitely a better approach that would allow you to remain cordial or even friendly with your ex and that will minimize the stress of divorce.
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