Colorado Collaborative Divorce
Colorado Collaborative Divorce Attorneys
Collaborative divorce is a type of divorce where both parties commit to a mutually-beneficial solution, without exercising the option of contentious litigation. Nevertheless, even in collaborative divorces, both spouses will typically hire lawyers to represent their respective interests and negotiate an agreement to avoid taking the case to trial. Collaborative divorces also may entail mediation and arbitration as a means of alternative dispute resolution.
What happens in a collaborative divorce?
Collaborative divorce, while beneficial, is not without its limitations. Any agreements that are reached during this process are binding, and each party relinquishes their right to contest and litigate the case later on. Furthermore, the parties and their counsel might execute a stipulation not to pursue litigation in the future without going to mediation first.
A collaborative divorce may include commitments to do the following:
- Disclose financial information via the relevant documents
- Maintain confidentiality and privacy
- Respect all parties involved in the process
- Put the interests of the children first (if applicable)
- Share the costs of external professionals as required (i.e. home/business appraisals)
- Create a written and legally binding agreement to obtain the final divorce decree
What are the Benefits of Collaborative Divorce?
In this type of agreement, both sides agree that the only solution they are willing to commit to is one that each willingly accepts. The end goal of this process is negotiation and settlement, not a trial.
- You Have More Control: When couples choose collaborative divorce, they have more control over the case. With the help of mediators, they come up with their own terms and decide what works best for them.
- Emotional Advantage: Collaborative divorce can minimize emotional trauma to spouses and their children, and it empowers both sides of the family to reach an agreement that keeps them operating as a family unit. The exhaustion, tension, and hostility that divorces are stereotypically known to cause can be minimized, or even eliminated, in a collaborative divorce.
- Cost-Effective: Collaboration usually requires less time from the attorneys than litigation because spouses come to settlements outside of the courtroom. In short, it costs less.
- Privacy: With collaborative divorce, couples have more privacy. Because they are in control of the decisions and outcomes, their personal information is kept private. With litigation, a judge presides over your case, making the choices on your behalf and your information gets placed in public records.
To see if a collaborative divorce may be right for you and your particular case, submit a free case evaluation or give our attorneys a call.
