Using Collaborative Law For Your Colorado Divorce
While traditional litigation focuses on positions and “winning,” the collaborative process gives you and your family the opportunity to engage in goal-oriented discussions and resolve your case with a level of dignity that is often lost in traditional cases. In a collaborative divorce case, the end game is a resolution that works for the family unit as a whole; it is not premised on each person trying to “win” or come out on top. Under this theory, the whole family is successful.
Collaborative divorce is often a good fit for cases that may require a more in-depth consideration of your family’s unique needs or circumstances, either because of the nature or quantity of your assets or the needs of your children and family.
In a traditional collaborative law case, each person is represented by a collaboratively trained attorney. Both you and your spouse commit to resolving the case outside of court. Often, in order to reach comprehensive agreements, parties engage other neutral professionals, which may include a financial expert, parenting experts and a neutral facilitator to assist with the collaborative meetings. These experts are not required but may assist the parties in reaching a mutual understanding regarding their finances and parenting goals.
Overall, the goal of collaborative law is to resolve your divorce peacefully and in a way that allows you to maintain a cordial relationship with your ex-spouse moving forward.
At GEM Family Law, our Denver divorce attorneys use the skills that they have developed in their collaborative practice to assist clients in reaching resolution both in the formal collaborative model as well as within the context of traditional litigation. Our attorneys have seen, time and time again, that reducing the level of conflict in your case is better for your family as a whole, and especially so for your children.
Common Collaborative Divorce Questions
Below, find some of the most frequently asked questions about collaborative divorce that our attorneys hear at our firm. We invite you to reach out to us today to get more specific answers about if collaborative divorce is right for you.
What is collaborative divorce?
Collaborative divorce is a process in which parties work with one another to resolve divorce. The goal is to take out the stress and emotions that can often arise during a divorce, and to focus on practical decisions that help sides find an agreement that works for them. Each person will have their own divorce attorney in a collaborative divorce, and other neutral professionals may be involved in the process as needed. Discussions are focused on resolving issues of contention instead of trying to “win” the divorce. The goal is to try to keep the divorce out of the courts, and allow the parties to have a say in how the issues are ultimately determined.
How does collaborative divorce differ from mediation?
In collaborative divorce, the parties are working together to solve problems. They are each represented by their own divorce attorney, and other experts, such as financial professionals or parenting time coordinators, may be brought in to help resolve conflicts as well. In mediation, there is a third-party who facilitates discussions between the parties. There is no guarantee that each side’s best interests will be considered when making a deal – only that a deal ultimately be reached. Collaborative divorce allows for more of a focus on the needs and concerns of each side while working toward a resolution.
How do I know if collaborative divorce is right for me?
Not every divorce fits into the collaborative divorce path. It takes a commitment from each party to resolve each aspect of their case using this approach. If the parties are focused on a solutions-based method of finding common ground, collaborative divorce can be an extremely effective way to bring an end to a marriage. If you think collaborative law may be right for you, discuss your specific questions with your divorce attorney to find out if it may be an option for your divorce.
Do all divorce attorneys offer collaborative divorce services?
Not all divorce lawyers may offer collaborative divorce as part of their services. It will be up to the individual attorney as to whether or not he or she will offer to resolve a divorce in this manner. If you are thinking of collaborative divorce for your particular situation, you should ask the lawyers you speak to about your case if they have handled cases this way in the past. You can then determine if that lawyer will be the right person for your specific situation.
Is collaborative divorce expensive?
Not necessarily. Your divorce attorney can discuss the approximate costs that may be associated with the collaborative divorce process in your case. However, other types of divorces, especially those that end up in court, can potentially be much more costly than the collaborative divorce process. The specific items at issue in your case will have an impact on what a divorce will cost, and this is something you should definitely discuss with your divorce attorney in your consultation.
Schedule Your Free Consultation With A Collaborative Divorce Attorney Today
To learn more about the collaborative process, schedule a free initial consultation with one of our collaborative attorneys today. Call GEM Family Law‘s Denver office at 720-443-4892 or send us an email to find a time that works for you.
