Trying to work with your ex instead of battling against them during divorce benefits you in many ways. It can mean lower final costs for your divorce and more control over custody terms and property division than you would have if a judge made all of the major decisions for your family.
Another benefit of collaborating with your ex is that resolving your issues outside of court helps protect your privacy.
Litigation often involves sharing embarrassing details in court
Whether one spouse started an extramarital affair or has a compulsive shopping issue, the issues that affect the major decisions in your divorce could damage your reputation if they became public knowledge.
When you work together to set your own terms outside of court, you can factor in those marital issues without needing to discuss them in court in front of a judge. Your testimony could become public record, which means it could be accessible to anyone with an interest in reading it.
What you say to your lawyer or in mediation remains confidential
Collaborative divorce can involve spouses communicating directly or using their attorneys as proxies for communication.
What you say in the privacy of a meeting room or in your lawyer’s office will not become part of the public record. The same is true for any details that you share during mediation, as state law establishes confidentiality for that process as well.
Understanding what matters most to you in your upcoming divorce, whether it is minimizing the expenses involved or maintaining your privacy, will help you decide what approach will work best for you and your family.