What is the Difference Between a Collaborative and a Cooperative Divorce?

When couples decide to end a marriage, they often want to avoid a contentious courtroom battle. This makes sense, court disputes are often long, emotional, and expensive. Thankfully, there are a range of other options available.

Two alternative approaches that prioritize cooperation over conflict are collaborative and cooperative divorces. Both methods aim for an amicable resolution, but there are distinct differences between the two. Have a conversation with an Orlando family lawyer about which path is best for you as you move through this significant life change.

Key Differences Between the Two Approaches

While both collaborative and cooperative divorces aim for a peaceful resolution, the main difference lies in the commitment to stay out of court. In a collaborative divorce, there is a signed agreement to avoid litigation. In many cases this creates a stronger incentive for both parties to work through issues. If the collaborative process fails, both attorneys must step aside, which can be costly and time-consuming.

A cooperative divorce doesn’t have the same binding agreement to not go to court. This provides more flexibility, but it also means that litigation is an immediate possibility if negotiations break down. Additionally, the cooperative divorce process tends to be less formal than collaborative divorce, making it a suitable option for couples who are willing to negotiate in good faith but want to keep the option of litigation open.

Neutral financial experts, mental health professionals, and child specialists can be employed to guide the process and provide input on key decisions in both approaches. Collaborative divorce is a more formalized process with a clear commitment to resolve issues outside of court. On the other hand,  cooperative divorce offers more leeway while still promoting fruitful negotiations.

Benefits of a Cooperative Divorce

A good option for couples who would prefer to avoid litigation but still want more choices than would be available in a collaborative divorce, cooperative divorces allow for the following.

• Lower costs. Since the cooperative divorce process is less formal, couples can potentially reduce costs by only relying on professional support when it is needed.
• Retained option for court. Should negotiations break down, couples aren’t bound the way that they would be if they signed off on a collaborative agreement. If desired, they can proceed to litigation without having to change legal representation, so the attorney who is familiar with the ins and outs of their situation can move forward without delay.
• Flexibility in approach. Couples can tailor the process to their unique needs, choosing which professionals to involve and how much formality to incorporate.

While both approaches focus on reaching a peaceful resolution, they differ in structure and commitment. Couples should share their circumstances and goals with a legal professional. Then, an Orlando family lawyer can determine which approach best suits their needs, today and into the future.

Have you been considering a less formal process for a pending divorce? Talk through your options with the family law attorneys at Donna Hung Law Group. Book your confidential consultation today, call 407-999-0099 or contact us online.