There are different pathways to divorce that serve your needs and those of your children without battling it out in a courtroom. One of them is cooperative divorce, though any divorce resolved through negotiations is reached through the parties’ cooperation.

Kingston Law Group’s divorce practice has helped thousands of clients reach their goals in the best ways possible. Most of the time, that means effective negotiations, while other cases couldn’t be resolved without some degree of litigation, from 1% to 100%. No matter which path your divorce takes, Kingston Law Group will zealously assert and defend your legal rights and put in the work required to protect your short- and long-term interests – as well as your children’s. Call us at 609-683-7400 or contact us online to learn more.

How Does Cooperative Divorce Work?

Negotiating and resolving disagreements out of court is less expensive than litigation. Divorce agreements by the parties may be more comprehensive than a divorce decree entered after a trial. They may provide processes and outcomes that Family Court Judges simply have no power to do. They also tend to lead to fewer post-divorce disputes between parties who have “bough in” to the processes and outcomes stated in the Settlement Agreement.

If spouses believe they can end their disputes through good faith negotiations, both collaborative (lawyers and parties pledge not to use the courts, except to put through an uncontested divorce) and cooperative (no such pledge, but parties agree to proceed with maximum problem solving) approaches almost certainly will be more cost-effective than a traditional one.

Given the high costs in time, energy, emotion, and money, nearly all divorces end with settlement agreements. While both approaches focus on a negotiated resolution, cooperative and collaborative divorces have different structures and commitments.

If neither approach is chosen, issues could still be resolved through negotiations, or a combination of negotiation and mediation, with remaining disagreements on specific issues potentially being decided in a courtroom.

What is a Cooperative Divorce and What are Its Benefits ?

A cooperative divorce lacks collaborative divorce’s binding agreement (see below) to stay out of court. This provides the parties with more flexibility, and it allows both legal counsel to pursue litigation if negotiations fail. Keeping litigation on the table in some circumstances may be a good thing.

Divorcing couples often need carrots and sticks to make decisions during the process. Parties may go to a judge to decide an issue, instead of working it out themselves.  This is a stick that may keep positive negotiation momentum going.

The cooperative approach also lacks the agreement that the parties’ lawyers will stop representing their clients if negotiations don’t produce a final deal. Although it’s not uncommon for a party to change attorneys during a divorce, it can delay the divorce and add complications and costs. It’s something you want to avoid if you can.

The cooperative divorce process is more informal than a collaborative divorce. It’s a good choice if there’s still trust between the parties and they are willing and able to negotiate in good faith, but they want to keep the litigation option open.

Cooperative divorce offers the following:

• Lower costs because the cooperative divorce process is less formal than the collaborative option. Couples may reduce costs by relying on professional support only when it’s needed
• Resorting to litigation is an option if negotiations break down, and there would be no need to hire another attorney, which would make the transition to a more confrontational approach easier than if a new lawyer had to be retained
• Couples may tailor the process to their needs, choosing professionals to involve and how formal or informal the process should be
• Parties in collaborative divorce retain the ability to go to mediation (third party neutral facilitates the process but does not make any decisions) or arbitration (third party neutral is empowered to make binding decisions)
• Collaborative parties often involve CPA and psychological experts as part of the Team.

We discuss all the options when meeting with our clients. Sometimes, the original choice doesn’t work out, so we need to go in a different direction to reach the desired outcome.

What is a Collaborative Divorce and What Are Its Benefits?

A collaborative approach is similar to a cooperative one, yet with some significant differences. Collaborative divorce is more restrictive, yet cooperation remains key.

Those taking a collaborative approach commit in writing to negotiations to end their marriage. They don’t want the “nuclear option” of going to trial and airing their dirty laundry in a public forum, where strangers may discover family secrets online and a Judge may preside at a trial without knowing them and may make decisions that will have substantial impacts on their lives and the lives of their children.

In a collaborative divorce, the parties formally and in a signed writing agree to avoid litigation. This creates a stronger incentive and a barrier to litigation. Both sides have attorneys who negotiate on their behalf. If the process fails, and either side files a court application, then both attorneys representing the spouses step away from the case, forcing the parties to hire new counsel, which can be costly and time-consuming.  That acts as a disincentive for either side – or both – to trigger litigation.

There are downsides to this “no contest” agreement. If the parties ultimately reach no agreement, then they must start over again, opening up the possibility of endless litigation.  They pick up the pieces and try to resolve their differences a second time, through negotiations or litigation.

Collaborative divorces offer the following .

• Lower costs because the collaborative divorce process is less formal than the litigation option. Couples may reduce costs by relying on professional support when it’s needed
• Resorting to litigation is not an option if negotiations break down, and there would be a need to hire another attorney, which would make the transition to a more confrontational approach more difficult
• Couples may tailor the process to their needs, choosing professionals to involve and how formal or informal the process should be
• Parties in cooperative divorce retain the ability to go to mediation (third party neutral facilitates the process but does not make any decisions) or arbitration (third party neutral is empowered to make binding decisions)
• Cooperative parties may involve CPA and psychological experts

Which Approach is Right for You?

There are many variables and possibly big surprises (good or bad) after you start the divorce process. How do you hedge your bets if you’re choosing between a collaborative and cooperative divorce?

• A collaborative divorce may end up with a less expensive outcome than a cooperative one – if it works
• But, if the two parties can’t resolve their issues, then a collaborative divorce will probably end in a more expensive and time-consuming resolution
• A cooperative divorce is a middle ground. The parties try to reach a cost-effective settlement without the potentially higher costs if their efforts fail

Both approaches require good faith efforts and a willingness to exchange accurate information, cooperate, and negotiate fairly. Unfortunately, not all divorcing spouses meet those baseline requirements.  “You have to know your customers.”

Do You Need Answers to Your Questions or Legal Help?

Do you have a family issue that is getting out of control? Are your legal rights and interests at risk? If so, we will listen to your facts, explain the law, and suggest right and reasonable approaches for relief.

Kingston Law Group provides tough advocacy and compassionate counsel. We are ready to help you, your loved ones, and your friends. Call us at +1-609-683-7400 or contact us online to schedule a near-term initial consultation with a reduced hourly rate. Call us today. You’ll be glad you did!!