Every divorce is unique, and its proceedings as well. There are alternatives to traditional divorce procedures in Colorado. These include mediation and collaborative divorce which are collectively called “Alternative Dispute Resolutions”. Regardless of the type of divorce you opt for, according to Divorce Matters in Colorado, you should always work with a reputable divorce attorney. Here are the benefits and downsides of collaborative divorce in Colorado.
Collaborative Divorce defined
Collaborative divorce procedures are different from any other form of divorce proceedings. It is in the best interest of any spouse to hire a lawyer who has enormous knowledge and experience negotiating in a collaborative divorce. The lawyer can listen to your needs and ascertain how those needs fit in the family’s requirements. Then, armed with the information, the lawyer can meet with your spouse’s lawyer to agree on how to negotiate the sharing of property and child custody and support. Relevant third parties such as relationship and financial specialists may assist each spouse during the negotiation period.
Benefits of collaborative divorce
If you and your partner opt to work together and compromise on the legal and financial decisions associated with divorce, a collaborative divorce process is quicker and seamless compared to the traditional divorce process. For instance, a collaborative divorce allows you to and your partner to skip various court proceedings. While a family judge must sign the final divorce paperwork, negotiations can take place outside of the courtroom.
Note that collaborative divorce focuses on more on certain needs of both partners, with each of the partners using the other to reach an agreement. On the other hand, court proceedings can pit partners against each other. Often, collaborative divorce uses a team-like approach to agree on a final settlement. In case you aim at having an amicable divorce or have children, a collaborative divorce offers a positive environment for separation proceedings to be held.
Downsides of a collaborative divorce
Though you and your spouse can negotiate with your lawyers, all financial details are provided on a volunteer basis. Thus, if you already have full access to your marital property or simply suspect that your partner might be hiding some financial details, it’s important to address these concerns or simply opt for a divorce settlement that facilitates full disclosure of financial details.
Another downside of collaborative divorce is the processes and policies that might come if there are complications. Note that if you and your partner don’t reach a settlement or a spouse threatens litigation, both lawyers should withdraw from the case and each partner must find a new lawyer. This can make you feel like you are simply starting over and probably wasted months of negotiation. Therefore, collaborative divorce requires both you and your partner to work together and get negotiations right.
Keep in mind that your lawyer is an excellent asset in a collaborative divorce. Each spouse should have a lawyer, and that means your attorney will strictly represent your needs and always act in your best interest.