Simple Divorce NOT Always So Simple

My spouse and I thought our divorce was going to be rather simple but it seems to be getting more complicated and contentious since we both hired lawyers to represent us. Can you suggest ways we can reduce the tension and cost?

Ending a marriage after having shared years of your life with your spouse is, in and of itself, an emotionally trying experience. Many divorcing spouses will pile on additional emotional and financial costs by hiring their own lawyers and financial experts in what often ends up as years of combative communications, billable hours, conflicting reports, and court appearances. The emotional and financial toll can be devastating.

Spouses often go through this ordeal because they’re not aware of any other way to settle their differences outside of this sort of adversarial approach.

However, spouses that are separating on good terms might want to consider the less costly and more efficient collaborative approach to divorce. Collaborative Practice is a voluntary dispute resolution process that is non-adversarial, mutually respectful and solutions-oriented. Spouses work together on the issues with their lawyers present for guidance and advice.

Because a collaborative approach to divorce is predicated upon both parties’ commitment to conduct negotiations in good faith, voluntarily disclose all relevant information, remain focused on the best interests of children, and reach creative resolutions that best address the goals and priorities of the family, they can regularly be less of an emotional burden than traditional, and often adversarial methods traditionally employed in a marital breakdown.

Costs are saved not only by avoiding the expensive court proceedings that so often accompany a divorce, but where differences do arise – say in conflicting opinions of the value of a spouse’s business – the parties can agree to jointly retain relevant experts rather than bearing the cost of their own professionals.

Collaborative professionals operate in a wide variety of specialties, including legal professionals, mental health professionals, mediators, and Chartered Business Valuators, like us. All collaborative practitioners must have completed an approved training program and so are specially trained to assist in matters like these.

You can find us and other collaborative practitioners on Collaborative Practice Toronto (http://www.collaborativepracticetoronto.com) 

Article originally published in Divorce Magazine