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Low Conflict


Low Conflict Divorce

Divorce can involve conflict, court dates, and a lot of time and costs – or not.

Are you and your ex on reasonably amicable terms – or can you both see a way to set aside your emotions for the sake of getting divorced quickly and quietly? Low conflict divorce methods, including mediation and collaborative divorce, enable spouses to take their divorce into their own hands and settle all their matters out of court. Rather than go before a judge, parties negotiate settlement terms with the help of their attorneys, relevant experts (i.e., child custody experts or family business valuation experts), and in the case of mediation, a neutral third party mediator.

What are the advantages of low conflict divorce?

First, understand what you are trying to avoid: Litigating a high conflict divorce in court can be financially and emotionally draining. Attorneys work against each other as each side tries to sway the judge, and there is no incentive to deescalate tension. In high asset and high conflict custody cases, competing experts are often called in to push conflicting agendas. The court process is at risk for being dragged out and there is little transparency. You and your ex must accept the results.

Low conflict divorce is, in many ways, the opposite of litigated divorce. It’s faster, costs less that high conflict court battles, and allows both parties to dissolve their marriage on relatively amicable terms. Low conflict methods of divorce can address all the issues of divorce, including high net worth assets, alimony and child custody and support. Low conflict divorce also helps to keep the details of your divorce private.

Expert tip: If you have kids, a low conflict divorce helps you and your ex create a positive co-parenting relationship. In setting aside your emotions to negotiate and consider what is in your child’s best interests, you are modeling cooperation and good decision making about your kids that can guide you for years to come.

Finding An Expert Low Conflict Divorce Attorney

In a low conflict divorce, you want an expert family law attorney who deeply understands methods of “alternative dispute resolution” such as divorce mediation and collaborative divorce and is highly skilled at negotiation. Your attorney should be able to analyze your case to give you an expert overview of which method will be right for your divorce, and what is required for success. Please note that collaborative divorce attorneys must be specially trained in collaborative law. Your attorney can give you an idea of other experts that may be involved in your divorce, including business experts, accountants and child custody experts.

Attorneys to avoid? Watch out for needlessly aggressive attorneys who relish taking a scorched earth approach to divorce by litigating at all costs. The family law attorney you choose to represent to you in your divorce should work to protect your rights, not to light a blowtorch!