Divorce is a word that most people don’t like, but that everybody knows.  One thing that is frequently a result of a divorce is the sale of a family home.  In a traditional litigated divorce, the home sale can get pretty messy and ugly.  The divorcing parties often fight about price, how to show, who will occupy the residence, etc.  The outcome many times is not one that maximizes value for the divorcing parties.

Enter a term new to me until today:  collaborative divorce, which is a part of collaborative family law.  Collaborative law is different than litigation in that the parties don’t go to court.  The collaborative law process tries to help both sides remain safe and more in control.  The collaborative process most often involves a team of neutral parties who work with both sides as guides. 

During a collaborative divorce, each party can meet with a team that often involves neutral lawyers, communication specialists and financial advisors.  In the beginning of the process, both parties and their attorneys agree that neither party will take an issue to court.  Both parties also agree to share information freely, whether it is requested or not.  This gets people away from the traditional discovery process.  The collaborative divorce process also seeks to protect the interests of all who are affected.  This includes both spouses and the children, if there are any.

Collaborative divorce focuses on trying to see that both parties treat each other with mutual respect.  This not only benefits both spouses, but also the children, who see their parents treating each other with decency rather than fighting.  Another important thing about a collaborative divorce is that keeping it out of court means that the information about the divorce remains private.

When it comes to the sale of the family home, collaborative divorce is much better than a litigated divorce in my opinion.  As a REALTOR®, dealing with a couple in the middle of a litigated divorce can be terribly difficult.  The lack of agreement on price, upkeep of the house and yard, showing the house and the rest of the process can be extremely stressful.  Many REALTORS® will refuse to take a listing in a litigated divorce situation because it is so stressful.

Selling a home when doing a collaborative divorce is easier on everyone.  The husband and wife have already agreed to cooperate.  They have the advice of neutral professionals to help them understand the process and agree on terms.  These professionals will try to help find a REALTOR® who will price and market the home according to the state of the market.  In a litigated divorce, some homes are often priced from an emotional point of view rather than seeing what the market is saying. 

During a collaborative divorce, the decisions are made by both husband and wife with the help and guidance of neutral parties.  It isn’t one against the other.  The neutral professionals make sure both parties are fully aware of details, options and consequences.  They make sure that the husband and wife make mutual decisions that benefit both appropriately.  This can help make the sale of a family home, which is hugely emotional anyway, much easier than if the issue was taken to court.