Divorce files are public records and are available to anyone. Many jurisdictions now even allow access to documents via the Internet. This means your neighbors and business associates can find intensely personal information about you. This information can include financial data, property settlement agreements, and worst of all, the unproven allegations one parent is making against the other. In some cases, parenting evaluations, including psychological evaluations, are available to the curious eye.

There are ways a divorcing couple can avoid exposing their most private information. Cooperative divorce provides the means to keep sensitive information confidential. When engaged in cooperative divorce, a couple files the minimum documents required to obtain a final decree. The settlement terms, financial disclosures, and other concerns remain private. Only the most basic “vital statistics” information becomes public record.

What constitutes a cooperative divorce? It can be comprised of a couple that agrees on everything and asks an attorney to draft final documents, or could take the form of a mediated divorce, where the couple works with one attorney on resolving the various issues and preparing the final document. In more complex situations, both sides may have representation but the attorneys and the parties contract to keep the matter out of court. This last model is called collaborative law. 

Collaborative law is probably the most revolutionary idea for divorce since the onset of no-fault divorce and is rapidly gaining momentum in most states. Benefits include the privacy issues discussed above and the fact that collaborative law costs about one-third of a traditional litigated divorce. Judges are very much in favor of this model, as it frees the courtrooms for other matters. Child psychologists praise the movement as providing for much better outcomes for children, where there is less trauma and the children’s best interests become a priority. Individuals endure less stress and are able to better move on with their lives. Even the attorneys find that their quality of life improves when they can collaborate with the other side and forego the more traditional role of gladiator. 

Studies have shown that the outcomes in cooperative divorce are not one-sided and not influenced by the person with the stronger personality. More importantly, the outcomes are more likely to be truly resolved. Litigated divorces often are re-litigated, and continue to be modified even years later. The evidence shows that the parties using cooperative models are more apt to keep their agreements and don’t have to go back to court.

Privacy and reduced expenses are two major reasons to engage in cooperative law. Additional benefits to individuals include the fact that they are generally more able to communicate with each other and are better able to engage in cooperative parenting. Men find that they generally are able to spend more time with their children, and women generally are more satisfied with the financial settlement. 

Cooperative divorce helps both parties achieve a more positive outcome.