Not so long ago, collaborative divorce looked like it was the cutting edge of family law. The process was supposed to be less adversarial, less expensive and less difficult than traditional divorce. But now a report out of Wisconsin seems to indicate enthusiasm for the process has withered.

After sampling two years’ worth of Waukesha County divorce data, researcher Gregg Herman found collaborative divorce proceedings were actually on the decline in the study area.

Herman’s research found that the number of collaborative cases declined from 25 cases per year to 17.5. That’s a decrease from 2 percent of Waukesha County divorces to 1.4 percent of divorce cases. Also, the failure rate – or rate at which the collaborative divorce process did not meet the parties’ needs and expectations – went “way up” from 11 to 17.5 percent.

The research doesn’t point to a definitive answer for the decline, but Herman suggests one possibility could be that a weak economy may mean people are putting off divorce because they cannot afford it.

Herman cautions that collaborative divorce was never intended for everyone. It does not work well in cases of domestic violence, substance abuse, alcoholism or instances in which one spouse is trying to hide assets. The system also has its critics, who say it over-emphasizes cooperation and minimizes the zealous advocacy that people need to make sure they reach a realistic and just outcome.

If you are considering divorce, it is a good idea to think carefully about what option is best for you. Collaborative divorce may be a good option for some people, but it does not work for everyone and the study suggests that, locally at least, its utility isn’t living up to the hype.

Source:

•· The Milwaukee Journal-Sentinel, “Collaborative Divorce on the decline?” Bruce Vilmetti, 9 June 2011.

•· Wisconsin Law Journal