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Collaborative divorce has many advantages. It allows you and your spouse to take charge of your own divorce and make all of the important decisions about where your children will live, with whom, and how marital property will be divided. The result is a personalized divorce settlement created by you and your spouse, not a well-intentioned judge who doesn’t know your family or its unique dynamics.

Nonetheless, collaborative divorce is comparatively new and, therefore, not as well understood. In this blog, we will debunk four common myths about the process and explain how it really works.

Myth #1: The spouses must agree on everything

Few divorces transpire without disagreement between the spouses but they don’t always have to be litigated. This is where the collaborative divorce team can help. 

You will work with a team of professionals to resolve problems not to do battle. Depending on your circumstances, these professionals may include neutral financial experts, mental health professionals who help facilitate difficult discussions, and sometimes a child specialist. Your attorney will also be present to make sure that your interests are protected.

Myth #2: If you have a lot of assets, formal discovery is necessary

While it’s true that there is no formal discovery process in collaborative divorce, there is still a requirement to disclose all financial information. A neutral financial specialist will review all information, confirm its accuracy, and ask questions about any missing information. At the end the parties sign a sworn asset and liability statement attesting to the completeness and accuracy of the financial disclosure. 

Myth #3: Child custody can only be resolved in court

Collaborative divorce is a great option for couples with children. Rather than strategizing to see who can make the other party look the worst in court, parents work together with the professional team or with the child specialist to develop a workable parenting plan in the best interests of their children.

Myth #4: Collaborative divorce is too expensive

While collaborative divorce may cost you more than a straightforward uncontested divorce, it  can be a lot less expensive than litigation. Working with experts like a financial neutral or mental health professional makes it possible to resolve any issues and complete the divorce more efficiently. Generally you are spending on productive work and problem solving and not on trial preparation which can be extremely expensive and create additional problems for people who are likely to have a relationship long after divorce either as parents or through mutual friends. 

Contact a Nashville collaborative divorce attorney

If you’re preparing for divorce and you and your spouse are willing to work together, collaborative divorce can help you respectfully resolve any disagreements, divide marital property in a way that both sides find acceptable, and create a custody plan that sets the stage for a positive co-parenting relationship. Irwin Kuhn has years of experience in the collaborative divorce process, and will use his qualifications and insights to achieve best results with your divorce case. For more information or to schedule a consultation, please call (615) 321-5659.