The divorce process is one of discussions leading to decisions. The discussions and decisions are best if they are jointly held and made. How difficult this is depends on who the two people are. How much and what kind of support do you two need to have the discussions? to embrace a perspective in those discussions that will result in decisions you can both live and continue to work with?
The image that comes into my head is of the difference between a Shepherd and a Sherpa.
Sheep are considered ‘stupid’ and shepherds are necessary because the sheep get so caught up in what they ‘want’ in this moment [o, look, a blade of grass!] that they don’t see danger and won’t even realize where they’ve gotten to and thus are lost. But other than driving them where s/he thinks they ‘should be’ and keeping the wolves at bay, the shepherd doesn’t do much for the sheep.
The sherpa on the other hand is there to support travelers who know where they want to go and are willing to even make their own decisions on the path to follow to get there. The sherpa offers support for THAT journey. The sherpa may decline to take them on that path, but isn’t there to tell them they ‘have to go’ this other way.
Litigation assumes people are fundamentally stupid and need to be managed [the self-serving term that is used is ‘protected’] or they will get eaten alive. Collaborative Practice presumes people can work together and make decisions, though some need some support.
I will always encourage and offer support that I believe might help you on the path you have chosen. I will explain to you how I believe that it might help. I will never tell you “that’s just how it’s done”.
I might decide that I choose to not stay on that path with you if you decide against the help. That doesn’t mean your decision is in any way ‘wrong’.
I am not a shepherd. I won’t treat you like a sheep.