Signs a collaborative divorce might not work

On Behalf of | Jan 19, 2023 | Family law

Collaborative divorce is a process where both parties reach a mutually beneficial agreement rather than going through the traditional court system. According to Florida Statutes, a couple must decide their marriage is irretrievably broken to get a divorce. In theory, you only have to complete some paperwork and go through mediation to end the marriage.

While this process can be helpful in some situations, there are specific reasons why it may only work for some couples. See below for some reasons collaborative divorce does not work for particular couples.

One party refuses to negotiate

One reason a collaborative divorce may not work is if one party is not willing to compromise. The process can become difficult and unproductive if one party is unwilling to remain open to suggestions and negotiate.

One party has an advantage

Additionally, a collaborative divorce may not work if one party has a significant power imbalance. Suppose one party has more resources or is more educated about the legal process. In that case, they may be able to take advantage of the other party in negotiations.

One party committed domestic abuse

Furthermore, collaborative divorce is not a good option if one party has a history of domestic violence or abuse. In these cases, it may be safer for victims to go through the traditional court system to ensure their safety and well-being.

Both parties have complex finances

Lastly, a collaborative divorce may not work if the parties have complex financial issues that require the expertise of a financial advisor or other professional. In these cases, the parties may need to seek outside help to come to a fair agreement.

In conclusion, while a collaborative divorce can be beneficial in some situations, it may not be the best option for every couple. The parties must consider all the factors and make a well-informed decision before proceeding with a collaborative divorce.