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Traditional Divorce vs. Collaborative Divorce

Divorce comes with a high price tag, both financially and emotionally, regardless of the steps that are taken between filing the divorce papers and signing off on the final documents.  Except for the death of a loved one, divorce is life’s most emotional and psychologically impactful experience.  When compounded with financial pressures, child issues, and the legal battle in general, divorce can often become more than one can bear.  However, collaborative divorce is an alternative to the highly-combative legal process that offers less stress, less time involved and a lower cost than the more traditional litigious approach.  The specialized forensic accountant also plays a unique and advantageous role in the collaborative process, as described below.

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History of Collaborative Divorce

Written for & posted on the professional website Collaborative Divorce Institute of Tampa Bay

“Collaborative Divorce is a relatively new approach.  The concept was first birthed in the early 1990s when lawyers finally realized that divorce is not a legal issue; it is a personal relationship issue that has legal attachments.  Prior to the 1990s, all divorce cases were generally handled the same way – each side was viewed as an adversary, the husband and wife would be represented by their own respective lawyers who would spend a large amount of time and money fighting over the house, cars, other assets, the children, future support payments, and sometimes even the family pet.  In the end, in most cases, there was generally only one winner – the lawyers.

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Collaborative Divorce: Five Advantages and the Forensic Accountant’s Role

There are many advantages offered a divorcing couple who choose to go through the collaborative divorce process as opposed to the traditional litigious divorce process.  The forensic accountant involved can play a key role in each of these advantages.  The following lists five key reasons why collaborative divorce can be a more advantageous process.

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Collaborative Divorce: The Peaceful Alternative to the Combative Court System

Collaborative Divorce is an alternative divorce process that prevents you from having to go to court and litigate your case.  Collaborative Divorce replaces the adversarial and combative legal system with an approach that permits people to resolve their disputes respectfully and without the hostility and anger often caused by litigation.  The parties and their attorneys sign a Participation Agreement committing to resolve all divorce issues through cooperation and negotiation, and not litigation.  This is accomplished through a series of conferences in which the parties work together toward a negotiated settlement.  In the event the process is not successful, the attorneys must withdraw from representation, and the parties must hire new attorneys before proceeding with litigation.

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