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Three Situations When Collaborative Divorce is Not for You


We have recently discussed the strategies to prevent difficulties with a collaborative divorce, but what if these difficulties cannot be resolved no matter how hard you try?

Here’s the thing: Collaborative divorce is not for everyone. The benefits of opting for collaborative divorce are quite glaring. It’s cost-efficient most of the time and less stressful than a traditional divorce in most cases.

We say “most of the time” and “in most cases” for a reason. Some collaborative divorce cases can actually be more complicated and costlier than contested divorce trials – although it is a rarity.

To make sure that your situation does not meet the definition of a “complicated” and “costly” collaborative divorce, consult with an Orlando collaborative divorce attorney from Donna Hung Law Group.

When Collaborative Divorce is More Expensive Than Contested Divorce Trial

The presumption that you can end up spending more money on a collaborative divorce than you would if your divorce case proceeded to trial may sound absurd to many.

Sure, for spouses who agree on all aspects of their divorce – or who have few issues to begin with – it can take only a couple of four-way meetings involving the spouses and their divorce lawyers to negotiate how they would want to handle things.

In that case, the divorce process would go quickly and wouldn’t cost much, which is the main reason why many couples opt for a collaborative divorce.

However, this cannot be said about 100 percent of all cases. Let’s imagine that spouses cannot agree on many things and have a hard time negotiating at four-way meetings. In that case, attorney fees would accumulate along with fees for other professionals and experts that must be brought in to resolve their differences.

When Collaborative Divorce Doesn’t Get You Anywhere

There are also cases when collaborative divorces take longer to resolve than anticipated or predicted. More often than not, this happens when one or both spouses are represented by incompetent or unqualified divorce lawyers who cannot help find common ground by working out their differences.

A couple may choose to keep staying in collaboration as opposed to going to court even when the collaborative process does not yield fruitful results. The commitment to staying out of court can do more harm than good if the parties keep trying to reach a consensus for an unreasonably long period of time.

If this happens, not only will it drag out divorce proceedings but may also accumulate attorney fees – or, worse, you may end up accepting unfair or unfavorable terms of the divorce just to put an end to this financially- and emotionally-exhausting battle.

When there is no progress in sight, you should probably hire another Orlando collaborative divorce attorney or consider getting out of the collaborative process to let your divorce case proceed to trial.

When You’re Dealing with a Manipulative or Uncooperative Spouse

A collaborative divorce may not be the most optimal option if you are dealing with a manipulative, abusive, controlling, dishonest, irrational, or otherwise uncooperative spouse.

If domestic violence played a role in your divorce, it makes sense to assume that your spouse is not the most cooperative person to negotiate with.

It can be extremely difficult to reach progress in collaboration if your spouse is not able to negotiate or has no interest in doing so. Undoubtedly, being represented by a divorce lawyer can help you find a middle-ground position if your relationship is strained and tense.

Contact an Orlando Collaborative Divorce Lawyer

They say collaborative law is the future of family law, but it may not be a viable option in your particular case. Speak with our Orlando collaborative attorney at the Donna Hung Law Group to determine whether the collaborative process is the best alternative to divorce trial in your particular situation.

Call at 407-999-0099 or fill out the contact form.