Simple Divorce Papers

Is a “civil divorce” an oxymoron?

Every day countless millions drive to and from work, shopping, or other activities and not a word appears in the public press about their travels. Why should it? It is only the very few whose travels are interrupted by a horrific traffic accident that get the press.

The same is true of divorce. Over 90% of divorces in Canada are uncontested, meaning that there is no courtroom appearance before a judge, no lawyers trying to make their client look good and his or her spouse look like evil incarnate, and really nothing more exciting than a bunch of paperwork. Obviously these, the vast majority of divorces, do not make for juicy headlines.

The type of divorce that grabs the attention of the press usually involves celebrities who are going at each other’s throats. Witness the reports of the vitriolic charges and counter charges by Heather Mills and Paul McCartney, or Britney Spears and Kevin Federline. When noncelebrity divorces make the news it is almost always because of serious criminal or extraordinarily bizarre behavior.

Okay, so most divorces are not that bad. But does that make them “civil”. Sara Hampson, writing for the Globe and Mail, reported on a conference of the International Academy of Collaborative Professionals held in Toronto last week. The concept of collaborative divorce is fairly new. Contrary to public opinion, not all divorce lawyers are cutthroat pit bulls who see their role as reducing their clients spouse to a weeping pile of jelly on the witness stand. Collaborative divorce lawyers typically refuse to be involved in courtroom litigation. Instead they use a combination of open negotiation, mediation, counseling etc. to reach a settlement that both spouses can live with.

So is collaborative divorce always the way to go? Well, as Ms. Hanson points out in her article, the average cost of collaborative divorce with lawyers representing both spouses is $20,292 US. That figure alone should provide real incentive for spouses who are able to cooperate with each other and settle their issues without involving even these friendly lawyers. Divorcing spouses should first consider just talking with one another and going over a checklist of items to see if they can agree between themselves on the terms of their divorce. Many people have profitably used a separation agreement kit such as the one available through our service to help them negotiate with each other. Ultimately though, before a separation agreement is signed, it is extremely wise for both spouses to receive independent legal advice from a lawyer.