3 Benefits of a Collaborative Divorce

 Posted on June 07, 2026 in Mediation & Collaborative Divorce

When you think about a divorce, you probably conjure up images of long, drawn-out proceedings, shouting matches in the courtroom, and ultimately being unhappy with the outcome. While Hollywood does a good job of painting a dramatic picture of divorce, it is rarely like it is in the movies. The truth is, there is more than one way to get a divorce, and not all of them are litigated in a courtroom. Two of the alternative forms of divorce – mediation and collaborative divorce – offer unique methods to part ways with your spouse. 

At Elkouri Heath, PLC, we approach each case with a personal approach, looking for ways to resolve your case without the need for needless conflict. You can trust our Novi, MI family law attorneys to look out for your interests, as we have been serving clients throughout southeastern Michigan for over 20 years.

Understanding the Collaborative Divorce Process in Michigan

In a collaborative divorce, both spouses commit to settling their case without going to court. Each party retains its own attorney. Those attorneys are trained in collaborative law and are there to guide and advise their clients, not to argue in front of a judge.

The process usually involves a series of meetings where both spouses and their attorneys sit down together. These meetings are called four-way sessions. During those sessions, the spouses work through issues like property division, spousal support, parenting time, and child support. In some cases, neutral professionals like financial advisors or child specialists join the process to help with specific concerns.

One of the most important parts of a collaborative divorce is the participation agreement. Both spouses sign this document at the start (MCL 691.1334). It commits everyone to working in good faith and sharing information honestly. It also includes a disqualification clause. If negotiations don’t work out and the case proceeds to litigation, the attorneys must withdraw. That clause gives everyone a real incentive to stay at the table and work things out.

Three Reasons To Consider a Collaborative Divorce in 2026

Collaborative divorce offers many benefits over the traditional litigated divorce. Here are a few ways a collaborative divorce can benefit you and your family.

1. It Can Save You Money

One of the big benefits of a collaborative divorce is the financial aspect of it. Many people are drawn to collaborative divorce because you usually spend about half as much as a litigated divorce and about a quarter of what you would pay if your divorce went to trial. Collaborative divorces save you from an abundance of attorney fees, court costs, discovery fees, and other hidden costs of divorce.

2. You Can Complete the Divorce on Your Own Timeline

Another benefit of a collaborative divorce is that you can take the process as slowly or as quickly as you would like to. Obviously, the longer you take to settle your divorce, the more you will end up paying. But you have the ability to focus more time on topics you find to be more serious, rather than having to make a rash decision because you were rushed. On average, collaborative divorces take about 18 weeks to finalize, which is about a fourth of the time it usually takes to complete a traditional divorce.

3. You Create Your Own Solutions

One of the biggest advantages of a collaborative divorce is control. You and your spouse decide how things get resolved. No one imposes a solution on your family.

Litigated divorces work differently. Attorneys and judges must follow specific rules and legal standards. That is especially true for issues like parenting time and child support. The outcome may not reflect what either spouse actually wanted.

Collaborative divorce gives you room to create agreements that fit your specific situation. A parenting schedule can be built around your children's real lives. Property and financial issues can be resolved in ways that make sense for your family. When people build their own agreements, those agreements tend to hold up better over time.

Is Collaborative Divorce Right For You?

Collaborative divorce works best when both spouses are willing to communicate and compromise. It is not the right fit for every situation. If there is a history of domestic abuse, serious power imbalances, or one spouse is hiding assets, the collaborative process may not be safe or effective.

If you are unsure whether collaborative divorce is the right path, speaking with a collaborative divorce attorney is a good first step. An attorney can review your situation and help you understand whether this process fits your goals and circumstances.

Finalizing a Collaborative Divorce in Michigan

Once both spouses have come to a consensus on all the issues in their divorce, those agreements are put into writing. The attorneys draft the final documents, which typically include a settlement agreement covering property, debt, spousal support, and a parenting plan if children are involved.

Those documents are then submitted to the court for approval. Even in a collaborative divorce, a judge must sign off on the final order. However, by the time the paperwork reaches the court, most of the hard work is already done. There are no contested hearings and no arguments in front of a judge. The process is largely administrative at that stage.

Michigan has a mandatory waiting period to finalize a divorce. That period is 60 days when no minor children are involved. When minor children are part of the divorce, the waiting period extends to 180 days. Collaborative divorce does not eliminate those waiting periods, but the time can be used productively to finalize details and prepare the necessary paperwork.

Contact an Oakland County, MI Family Law Attorney

Collaborative divorces can work for many people, but they are not always the right fit for all families. If you think that a collaborative divorce might be the right option for you, a skilled Novi, MI collaborative divorce lawyer can help you go over your specific circumstances and determine your best option. 

At Elkouri Heath, PLC, we understand that a traditional divorce is not always right for everyone, which is why we offer many ways for you to complete your divorce. Call us today at 248-344-9700 to schedule a free consultation.