The idea of getting a divorce can itself be quite scarring for any human mind, be it for the man or the wife, marriage dissolution is basically the dissolution of an entire family. However, divorce does not always mean to battle out your concerns with your partner in the courtroom in front of a judge, in fact in Colorado, collaborative divorce which is also referred to as collaborative law or collaborative practice is a more popular way of getting a divorce. Collaborative divorce is a more cooperative approach to ending your marriage, only if you and your partners are willing to work out on your issues through this process. Through a collaborative law divorce process, one can actually avoid spilling out the details out in the public in the courtroom.
In a Collaborative Divorce, a couple is encouraged to resolve their matters in their divorce case out of court if there is a possibility for some kind of negotiation or a settlement agreement. There are many factors involved in a divorce, settlement of finances, and child support, these can all get sorted in a collaborative divorce through discussing the matters between the collaborative divorce attorneys and the two parties involved. A collaborative law divorce is also quite similar to mediation but there are several key differences between the two processes.
Reasons to file for a Collaborative Divorce
Following are a few reasons when you should go for a collaborative divorce:
- You wish to get control over some things that might be given away to the other party in case you get a divorce in front of the judge.
- You and your spouse are willing to cooperate and come to terms where you can actually collaborate to bring about a positive outcome.
- You are willing to commit to the collaborative divorce process.
- Do you even have the support that you require during your divorce?
- Do you feel this divorce process is mentally, physically and emotionally exhausting for you?
- Do you have children in this marriage who could actually benefit from this collaborative divorce process?
A divorce collaborative law is presumably an ideal solution for partners who are professionals, got a busy schedule, and have relatively complex assets to deal with. In a divorce, there are certain matters that require significant attention and ample time to get resolved, like the matter of distributing assets, or the wife’s alimony or the child support etc. that should be split between the partners fairly. In a collaborative divorce, they can actually get support through cooperation and thorough dedication of the attorneys to establish rather healthy ties with your ex-spouse or ex-partner.
How does Collaborative Divorce Work?
Collaborative divorce requires some significant structural and procedural features, like:
- You and your partner, you both should be represented by professional lawyers or attorneys who are trained for a collaborative divorce process.
- You, your partner and the attorneys should agree at some point that if the collaborative law process breaks down, the lawyers must withdraw from the case and you should look for a new representative to continue with your divorce process. This implies that the entire divorce process will start over.
- All collaborative law sessions must be conducted in a four way pattern, where you, your partner and both the attorneys are present.
You and your collaborative divorce team will conduct as many meetings as they are required or considered necessary to resolve all the issues involved in the collaborative divorce process. Once both the spouses agree to the terms and sign the contract, the participation agreement will be filed to the courts and the divorce will be made official. The terms of agreement decided in the collaborative divorce process will actually get legally binding later on.