Collaborative Law Divorce

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Overview

Collaborative Divorce

Conventional divorce with the specter of litigation and lengthy court time can create significant unease in couples who wish to divorce in a respectful, dignified way. Collaborative divorce (or no-court divorce) can be a viable alternative to traditional divorce proceedings. Each situation is unique and the approach to divorce must uniquely fit your needs, but collaborative divorce may be an avenue worth exploring if you:

  • Want to maintain control of the divorce process and avoid litigation.
  • Wish to minimize impacts on your children.
  • Believe you and your spouse can maintain a tone of respect, despite inevitable disagreements.
  • Every divorce is different, but in specific situations, collaborative divorce can help transitioning couples move beyond today’s frustrations and pain to find common ground and mutually beneficial solutions for the future.

However, there are limitations to collaborative divorce. Decisions made in the process are binding, and parties relinquish their right to litigate if agreements cannot be reached, which means this approach is not for everyone. Your collaborative divorce lawyer can provide an evaluation of your case and recommend optimal strategies to meet your needs, protect your rights, and, if children are involved, lessen the impact of divorce.

Another Way to Do Divorce

Another non-traditional approach to divorce is a hybrid of collaborative law and mediation, referred to as Early Neutral Assessment. It has a variety of benefits associated with the Collaborative Law process, but decisions made in ENAs are not binding and couples reserve the right to move to a traditional divorce process if agreements cannot be met.

To see if a collaborative divorce or ENA might be right for your particular situation, call us today for a consultation.

Divorce Matters® is a Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property assets, as well as debts and parental rights regarding biological and adopted children.

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Bringing a Human Approach to Legal Services

Douglas A. Thomas - Founding Partner

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Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily Ahnell - Partner and Managing Attorney

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Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

Justin J. Oliver - Attorney

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Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Is There Any Way To Shorten The Mandatory Waiting Period For Divorce?

To answer the question above question, we must first delve into what a mandatory waiting period is. In the state of Colorado, there is a mandatory waiting period of 91 days from the date of joint filing or service on the responding party before a divorce can legally be completed. This waiting period is common in a lot of states and is meant to give people time to consider their situation and whether they want to go through with the divorce. However, this waiting period can also feel frustrating, especially if you already spent a lot of time thinking about your situation before filing or if you feel in danger.

With that being said, there is no way to shorten or avoid this waiting period. It is mandatory for every couple getting divorced in the state of Colorado. However, there are a few things that you can do while waiting for the end of your 91-day waiting period. With the help of an attorney, you can ask the court to issue agreements or court orders during your waiting period. These orders can be helpful if you need specific things from the court. For example, it may be difficult to sell your home before the divorce has gone through, but a court order can help with that.  Additionally, it might be helpful to work on filing all the necessary paperwork during your mandatory waiting period and find common ground with your spouse. Completing both of these tasks will make your divorce process go smoother and quicker once you are able to start proceedings.

The easiest way to deal with the mandatory waiting period is to consult with an attorney to see what they can do for your individual situation. If you have a specific reason for wanting to skip the waiting period, it is important to speak with an attorney. They will be able to tell you what is possible in your particular situation, and if you can work within the waiting period to get what you need. To speak to an attorney today, you can call us at (720)542-6142 or contact us through our website.

Do I Need To Go To Court To Get A Divorce?

If you are considering divorce, you may feel daunted by the legal process. You may even begin to feel anxiety when you start to consider the cost and time court proceedings may require, and the loss of control over the outcome of your case when a judge is calling the shots. However, court is not inevitable, and it isn’t the only solution for divorce proceedings.  

Mediation is one of the options available to you if you want to avoid court and is usually ordered by most Colorado judges before parties will even be able to proceed to trial. Mediation is a process in which a neutral third party, called a mediator, is hired to resolve the case. This process will ensure that both parties have a say in the results and that the outcome is balanced and fair to all parties involved. Additionally, the process is more streamlined, less expensive, and more private than court proceedings would be. If you and your spouse and the mediator can come to an agreement, the agreement will be written into a Memoriam of Understanding, which is then signed by the court. After the Memoriam is signed, it will be incorporated into a more formal and detailed Separation Agreement.   

Arbitration is another possible option to avoid court. Arbitration, just like mediation, is a more private and efficient alternative to court. Both parties need to agree to arbitration before it begins, otherwise, arbitration cannot be ordered. A professional, called an arbiter, will be presented with all the facts and make a final decision in the case. Arbitration is more like court, with the arbiter acting as a sort of judge, however, the process is less public, less expensive, and less time-consuming. Arbitration also offers a more relaxed environment for each party to present their side of the story. After the arbiter has made a final decision, court is no longer an option, as the arbiter’s decision is valid and enforceable by the court.  

Court is more costly than either arbitration or mediation because it will require more of your attorney’s time. This can be especially true if proceedings are contentious and are dragged out. In addition to the cost, you lose the ability to make decisions in your own case. Once the case goes to court, the decision is in the judge’s hands, whether it be a divorce, a child custody issue, or a post-decree issue. Mediation and arbitration allow the involved parties to retain some control and negotiate with the other party. While it is ideal to have more control and keep the case outside of court, it is sometimes unavoidable if you and your spouse cannot come to an agreement. In this case, it is especially important to have a capable and competent attorney by your side to walk you through the court process and tenaciously represent your interests in court.  

In the end, it is possible to avoid court if you and your spouse can come to an agreement on your own or in mediation or arbitration. All three options are less costly, more efficient, and allow you more control over your own situation than if you take proceedings to court. To decide on the best option for you and your circumstances, it is recommended you hire a strong and capable attorney to advise you on your choices and the details of those choices. The right attorney will also help guide you through the entire process no matter what choice you make, whether that be inside or outside the courtroom.  

 

Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

When Would I Need a Collaborative Divorce Lawyer?

Collaborative Divorce: What You Need to Know

Divorce can often be a difficult, emotionally charged process, but it doesn’t always have to end in courtroom drama. More and more couples are choosing to settle their differences outside of court, and one of the most popular alternatives is a collaborative divorce. A collaborative divorce allows both parties to work together with their lawyers to come to an agreement on key issues without the need for a judge to intervene. This blog will help you understand collaborative divorce, its benefits and drawbacks, if it’s the right choice for you, and how to contact a collaborative divorce lawyer at Divorce Matters®.

What Is Collaborative Divorce?

A collaborative divorce is a form of divorce in which both spouses and their respective attorneys work together to reach a mutually beneficial agreement without going to court. The process is designed to be amicable, allowing both parties to settle their differences respectfully and constructively. In a collaborative divorce, the couple works together, along with a collaborative divorce lawyer, to resolve issues such as asset division, child custody, and support arrangements.

A collaborative divorce is similar to mediation, with both parties looking to settle outside of court. However, each party is represented by a collaborative divorce lawyer, who is available to offer advice and help the parties reach an agreement. If the process is not working, however, the lawyers must withdraw. The parties must then choose new lawyers and go through a traditional divorce.

The Benefits of Collaborative Divorce

A collaborative divorce offers several advantages that make it an attractive option for many couples who want to avoid the contentiousness of a traditional divorce. Here are some of the key benefits:

1. Speed and Flexibility

Since the process takes place outside of the courtroom, there is no need to wait for court dates or be bound by the court’s schedule. This flexibility allows for a more efficient process, helping both parties move forward with their lives.

2. Control Over the Outcome

In a collaborative divorce, both spouses have the opportunity to actively participate in the decision-making process, giving them more control over the outcome. Unlike a court trial where a judge makes the final decisions, in a collaborative divorce, the couple has the power to agree on asset division, child custody arrangements, and other critical issues that affect their future.

3. Reduced Emotional Stress

Collaborative divorce is designed to be less confrontational than traditional divorce proceedings. By focusing on cooperation rather than competition, the process can reduce the emotional toll on both parties. This is particularly beneficial if you have children and want to minimize the impact of the divorce on them. A more amicable process can help preserve the relationship between the spouses, making it easier to co-parent in the future.

4. Confidentiality

Collaborative divorce proceedings are private, unlike court trials which are a matter of public record. This allows both spouses to discuss sensitive issues without the fear of their matters becoming public knowledge.

Disadvantages of Collaborative Divorce

While a collaborative divorce can be an excellent choice for many couples, it is not the right option for everyone. There are some potential disadvantages and risks that you should be aware of before deciding whether to proceed with this approach.

1. Not Suitable for High-Conflict Couples

A collaborative divorce requires both parties to work together in a cooperative manner. If you and your spouse are unable to communicate effectively or if there is significant conflict, the process may not be successful.

2. Power Imbalances

There is also the concern that in a collaborative divorce, cases of domestic violence, mental illness, and substance abuse will go unnoticed. People in these categories are often unable to make sound decisions, so this could lead to one party making decisions and receiving a greater share of the assets.

3. Full Disclosure Is Required

In a collaborative divorce, both parties are required to fully disclose all assets, debts, and financial information. While this promotes transparency, it can be a challenge. Many people hide larger assets so they cannot be split in a divorce, so this can be an issue. Both spouses also must work to communicate openly and honestly.

4. Potential for Disruption

If the process fails and the parties are unable to come to an agreement, each collaborative divorce lawyer must withdraw from the case. The couple will then need to start over with new attorneys and may have to go through a lengthy and costly traditional divorce. This risk should be carefully considered before deciding whether to proceed with a collaborative divorce.

5. Potential Expenses

While collaborative divorce does save some money by not entering the courtroom, there are other costs that can come up. These include the cost of hiring a psychologist to help decide the best interests of children or hiring a financial planner to help determine how to divide assets.

Deciding if Collaborative Divorce Is Right for You

So, how do you know if a collaborative divorce is the right choice for your situation? Here are some factors to consider:

  • Willingness to Cooperate: If you and your spouse can communicate openly and are willing to work together to find a mutually beneficial solution, a collaborative divorce may be a good fit. If there is an ongoing conflict or a lack of trust, it may be difficult to make the process work.
  • Desire for Control: A collaborative divorce allows both parties to have more control over the outcome. If you want to avoid a judge making decisions about your life, collaborative divorce allows you to shape your future.
  • Financial and Emotional Considerations: A collaborative divorce tends to be faster and less expensive than a traditional divorce, making it a more financially viable option. Additionally, the less-adversarial nature of the process can reduce emotional stress, which can be particularly important if children are involved.
  • Safety and Fairness: If there are concerns about domestic violence or other power imbalances, it is important to assess whether collaborative divorce is safe and fair for both parties. If one spouse feels threatened or coerced, other options, such as traditional litigation, may be necessary.

A collaborative divorce is a good choice for couples who are willing to cooperate. However, divorce brings out heightened emotions, and if working together with your spouse doesn’t sound possible, a collaborative divorce may not work for you.

Conclusion

A collaborative divorce can be beneficial for many divorcing couples, but it’s not the ideal solution for everyone. The attorneys at Divorce Matters® can pair you with a collaborative divorce lawyer to determine if this solution is right for you. Collaborative law has its limits, but if you want to avoid going to court and feel that you and your spouse can agree on key issues, it may work for you.

If you’re wondering if collaborative divorce is the right way to go, consult with an experienced collaborative divorce lawyer to help you navigate the process and make an informed decision.

Can I Save Money Through Collaborative Divorce?

Collaboration can be much cheaper than litigation in divorce, though there are no guarantees. Cooperation over competition ”“ it’s easy to see why one is better than the other. But how much money can you save, on average, through a collaborative divorce? It can be significant, if you play your cards right.

With a collaborative divorce, you can avoid the hours upon hours of unnecessary courtroom visits. You avoid much of the wasteful paperwork. Even complex divorce cases can be made more efficient through collaborative divorce.

Here Are The Significant Advantages Of Collaboration Over Litigation.

  1. Collaborative law is a collective effort. You get the work and the experience of a team of lawyers and other experts working in tandem to handle the logistics of your case, such as financial advisors and divorce coaches. Don’t underestimate this ”“ it can really help your case to have the back-and-forth between several dedicated professionals and all involved parties to make sure that no stone is left unturned. This can save you money on having to hire separate advisors.
  2. Generally speaking, you spend less time on a collaborative divorce, which translates to less cost for attorneys and means that you’re less likely to have to turn to costly litigation due to future problems that might arise.
  3. Compared to mediation, collaborative divorce has a greater chance of helping preserve relationships and achieving a quick resolution to your divorce and saving money. This is because collaboration occurs at the outset of your divorce, while mediation often happens later on in the litigation process, though not always.

Collaborative divorce is not right for everyone, but our Denver divorce lawyers are committed to helping divorcing couples pick the right option for their own needs.

Collaboration can be much cheaper than litigation in divorce, though there are no guarantees. Cooperation over competition ”“ it’s easy to see why one is better than the other. But how much money can you save, on average, through a collaborative divorce? It can be significant, if you play your cards right.

With a collaborative divorce, you can avoid the hours upon hours of unnecessary courtroom visits. You avoid much of the wasteful paperwork. Even complex divorce cases can be made more efficient through collaborative divorce.

Here are the significant advantages of collaboration over litigation.

1.      Collaborative law is a collective effort. You get the work and the experience of a team of lawyers and other experts working in tandem to handle the logistics of your case, such as financial advisors and divorce coaches. Don’t underestimate this ”“ it can really help your case to have the back-and-forth between several dedicated professionals and all involved parties to make sure that no stone is left unturned. This can save you money on having to hire separate advisors.

2.      Generally speaking, you spend less time on a collaborative divorce, which translates to less cost for attorneys and means that you’re less likely to have to turn to costly litigation due to future problems that might arise.

3.      Compared to mediation, collaborative divorce has a greater chance of helping preserve relationships and achieving a quick resolution to your divorce and saving money. This is because collaboration occurs at the outset of your divorce, while mediation often happens later on in the litigation process, though not always.

Collaborative divorce is not right for everyone, but our Denver divorce lawyers are committed to helping divorcing couples pick the right option for their own needs.

The Pros and Cons of Various Divorce Options

When you are considering a divorce, the amount of money, time, and legal hurdles can seem insurmountable. Many of us, when facing divorce, only think of the bitter, acrimonious separations we have seen or read about in movies and magazines””the traditional litigation-style divorce””but there are other options that may be right for you and your family. Here are a few:

  • Traditional Divorce. This type of divorce is the most common and familiar to most people. In a traditional divorce, each party hires his or her own attorney, and the process goes to litigation to determine division of joint property debt, maintenance fees, and child custody. This is often a necessary choice in cases of mental or physical abuse or when the emotions are so high that the two parties cannot communicate civilly. However, hiring an attorney by no means forces you to take your whole case to trial. Often times attorneys can help resolve issues that are not highly contested in a divorce proceeding, and they can help clients enter into agreements regarding every part of their divorce, to avoid the stress and pain of fighting things out before a judge. In every traditional divorce in Colorado, you will be required to attend mediation with a qualified mediator.
  • Mediation. Parties may choose to engage in mediation before being ordered by the Court to do so or before filing for divorce. Typically, mediation discussions involve you, your spouse, both parties’ attorneys (if attorneys have been retained), and the mediator. Your mediator serves as a neutral party whose role is to help you and your spouse reach a mutually beneficial agreement and avoid costly litigation. Mediation may last just one session, or it may span several sessions over the course of a few weeks. A mediator will not provide legal advice, and if you cannot reach an agreement, you may still proceed to litigation. You and your spouse may consider hiring an attorney to review your case and accompany you to mediation for advice on the law. This can be especially helpful as mediators cannot give legal advice to parties.
  • Early Neutral Assessment. Part of the Colorado Dispute Resolution Act, an early neutral assessment is a blend of collaborative law and traditional mediation. It involves you, your spouse, and two evaluators (typically an attorney and a therapist or mental health specialist). Each party is provided the opportunity to express their concerns, feelings, and questions. The evaluators will assess the situation and””unlike with mediation””will then provide the couple with advice and suggestions on what they could expect if they went to litigation. This early understanding and awareness typically leads to a shorter and less expensive divorce.
  • Do-It-Yourself Divorce (DIY): Colorado permits parties to represent themself in their divorce proceeding, and the internet is filled with DIY divorce kits, companies selling forms and drafting assistance, and handbooks for those who want to execute their divorce without hiring a lawyer. This may seem like a cheaper, easier way to go. But when you look a little closer, the process is fraught with challenges, such as complicated procedures and paperwork, confusing deadlines, inadequate agreements and plans that don’t protect you in the future. Mistakes made in DIY divorces can often make the process even more costly than a traditional divorce would have been. Oftentimes, a party has a full-time job, and trying to figure out the law in your “spare” time can be next to impossible.

Conclusion People tend to view divorce as expensive and time-consuming. And in many cases it can be. But there are also alternative routes that can be taken, if the couple is amenable to it. The first step is to know your options. Next is choosing a divorce that meets your needs and goals””no path is perfect, particularly in the face of the many difficult decisions you will make going forward””but some options are better than others, depending on your unique situation.

What Is Early Neutral Assessment and When Is It a Good Option?

Recently, we have been receiving more and more questions about early neutral assessment (also known as early neutral evaluation). What is it? How much does it cost? And””more importantly””is it the right choice for me? Though early neutral assessment (ENA) is a viable and often highly beneficial alternative to divorce, it is not as well-known, and it is not the right choice for every couple.

So who is ENA best for?

Well, to decide that, a bit of explanation may help. ENA is the process in which a divorcing couple meets with an unbiased team of evaluators, usually an attorney and a therapist, one of each gender. Through a series of meetings, each half of the couple is given the opportunity to voice his or her concerns and feelings. The evaluators then make an assessment of the situation and return to the couple with suggestions on likely outcomes if the case were to go to court or possible alternatives to court, such as mediation.

The benefit that ENA provides over mediation is that with ENA, there are two experts on hand to provide suggestions and insights to the divorcing couple. The evaluators are not just listening to each party’s feelings. They’re also evaluating the situation and making recommendations based on the couple’s specific needs. Everything in the ENA process is designed to aid in a mutually beneficial resolution.

Also, by definition, ENA happens early in the process””before steps are taken towards a court-based divorce or even mediation. The benefits of ENA are many, including protecting children from the stress and negativity””sometimes even outright hostility””of divorce. It can help keep your children from getting in the middle of your problems. It can also speed up the process and reduce the expense and conflict of litigation.

So this all sounds great, right? If it’s cheaper and smoother, ENA should be a viable option for just about anyone!

Except that it’s not for everyone. Situations in which ENA may not be appropriate include:

  • A couple who is in an abusive relationship, whether that means mental, physical, or emotional abuse from either party, especially if children are involved. These cases may require court-appointed professionals through the traditional divorce process.
  • A couple in which one or both parties are more interested in fighting for everything rather than resolving their marriage quickly. Where there are lots of hurt feelings and anger, ENA may not be a viable solution.

Conclusion

For couples hoping to reduce the emotional toll of divorce or short-circuit potential litigation, ENA is an alternative””and a viable one, at that””to traditional approaches. In most cases, if an ENA evaluator’s recommendations are followed, the couple will likely benefit from a shorter divorce process and less expense.