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Using collaborative divorce to settle your family law issues

On Behalf of | May 17, 2014 | Family Law

If you are considering a Colorado divorce, you may benefit from thinking about the breakup in a collaborative matter. Family law experts explain that alternative dispute resolution processes — including collaborative divorce — can have positive financial and emotional effects. If you anticipate a low-conflict divorce, peaceful resolution could save you both time and money.

It is important to remember that collaborative divorce is not mediation. That process involves the couple working with only one party, the mediator. Collaborative methods allow each spouse to retain an attorney, though all members of the group work together through periodic meetings. In this way, divorcing becomes more of a negotiation and less of a fight.

Collaboration is different from traditional litigation because it requires all parties to be honest and transparent. Litigious divorces may often involve spouses attempting to hide assets or generally perpetuate an adversarial relationship. Experts say that collaborative divorce is often more realistic and clear than the court-based alternative. Collaborative practice actually indicates that court intervention is left out of the negotiations process. Instead, the couple works together to make the best decisions for their family based on the needs of themselves and their children.

Collaborative practice is somewhat more structured than both mediation and arbitration, both of which include a neutral third-party. The most informal method for divorce is the “pro se” method, which has been promoted as a “do-it-yourself” option. Collaborative divorce balances the structure of a formal legal process with the amicability of the other methods.

Professionals who are involved in your collaborative divorce must be committed to helping you reach critical decisions without involving the courts. Couples should look for teams of professionals who are familiar with collaborative divorce — and who are willing to respect the goals of both spouses. Your family law experts may help you achieve equitable division of property and limit other disputes during your Colorado divorce.

Source: CNBC, “Collaborative divorce can ease emotional, economic stress” Deborah Nason, May. 02, 2014