What Is the Downside of Collaborative Divorce?

Are you wondering whether the downsides of collaborative divorce might outweigh the benefits?

Divorce is rarely easy, and despite their advantages, divorces that follow the collaborative process are no exception.

A Michigan divorce lawyer from Alward Fisher can help you weigh the pros and cons before you commit.

We can explain how Michigan’s collaborative law rules apply to your situation and what alternatives might work if collaboration is not possible.

What Is Collaborative Divorce?

Collaborative divorce is a form of alternative dispute resolution in which both spouses agree to resolve their divorce outside of court by following a specific procedure.

The goal of the collaborative legal process is to reach a fair agreement on issues such as child custody, child support, spousal support, and property division through open communication, rather than relying on the court to decide personal matters.

To start, each spouse hires a lawyer trained in collaborative law, and together they sign a participation agreement. The participation agreement confirms that both parties consent to work toward a settlement without resorting to litigation.

The lawyers help the soon-to-be-divorced couple identify goals, exchange information, and negotiate directly to seek customized solutions and reach a divorce agreement without court intervention. Financial and mental health professionals sometimes join the collaborative divorce process to provide additional support.

What Are the Disadvantages of Collaborative Divorce?

Collaborative divorce does not work for every couple.

If one spouse refuses to participate honestly or in good faith, the process can fail. Michigan law requires both parties to provide complete and candid disclosures, and failure to do so can undermine trust.

Another potential disadvantage of collaborative divorce is the possibility of double expenses if the process fails. This is because the law requires both parties to hire new lawyers before they can proceed with litigation after a failed collaborative process.

The process can also take longer if spouses struggle to cooperate. Michigan law actually prohibits a collaborative approach in cases involving domestic violence or intimidation unless the parties meet strict criteria.

What Happens When Collaborative Divorce Fails?

When the collaborative divorce process fails, Michigan law requires both collaborative lawyers to withdraw from the case. The rule prevents the same lawyers from appearing in court for either spouse.

The parties must hire new lawyers, file a standard divorce complaint, and resume normal divorce proceedings. Although the restart adds expense and time, it allows each party to continue pursuing a final divorce judgment through traditional divorce litigation when collaboration no longer works.

Is the Collaborative Divorce Process Right for You?

A collaborative divorce might be right for you if you and your spouse can communicate respectfully and share the goal of a fair outcome.

It works best when both spouses can commit to full transparency and prioritize problem-solving over assigning blame. The collaborative process offers privacy and flexibility that court litigation cannot provide.

However, couples whose relationships involve elements of coercion, dishonesty, or power imbalances may find that traditional litigation or mediation offers better protection.

Our collaborative divorce attorneys can help you assess whether this process is right for your situation and whether Michigan’s legal framework can help you reach a practical and durable agreement.

When to Talk to a Collaborative Divorce Attorney

If you are interested in a more peaceful divorce process in Michigan and are considering the collaborative process instead of a traditional divorce, you should talk to an attorney from Alward Fisher before you sign a participation agreement or begin negotiations.

Our collaborative divorce attorneys can help you understand how Michigan law applies to your case and whether the process is right for you. You should also speak with a lawyer at our firm if cooperation has broken down or if you need guidance before pivoting to regular divorce proceedings.

The family law attorneys at Alward Fisher can explain your rights and help you explore your options for resolving issues and seeking a successful outcome at any stage of your divorce.

Contact us today to set up your initial consultation session.