It may not last, but collaborative divorce is slowly gaining traction. But it’s certainly not appropriate for many types of people and cases.
It is actually questionable whether collaborative divorce is less expensive than traditional divorce, but it is generally more harmonious.
But it has its critics.
The Colorado Bar Association has, in effect, banned collaborative divorce in Colorado, characterizing it as unethical. Why?
Because “every attorney has an obligation to fight for a client’s interests” and, under collaborative divorce, an attorney is required to drop out of the case if it can’t be settled. Reaching settlement sometimes requires one party to accept an unfair deal.
Other critics point out that the friendlier-divorce model may facilitate fraud and deception by a spouse, since there is no judge to referee and impose order.
Of course, in the end, it’s really about the priorities of the parties in the case at hand. For some clients, peace and harmony are more important than pursuing everything they are entitled to financially.