A divorce does not always have to result in the courtroom drama. More and more couples are choosing to settle their differences outside of court and come to an agreement on key issues through a process called collaborative divorce.
A collaborative divorce is similar to mediation, with both parties looking to settle outside of court. Both parties are looking to reach a settlement on their own, rather than go through litigation. However, each party is represented by a lawyer, who is available to offer advice and helps 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.
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 probably may not work for you.
If you’re considering divorce, you may be wondering if a collaborative divorce is right for you. Read on to learn about the pros and cons.
Benefits of a Collaborative Divorce
A collaborative divorce offers many benefits. It is quick since you and your spouse can control how long it will take and don’t need to wait for a court date. It is more affordable than a traditional divorce since you will not need to pay court fees. It’s also efficient and more equitable since you and your spouse can decide on asset division and other terms. You can control the outcome and have an amicable divorce, which is a good idea if you have children and want to minimize the impact.
Disadvantages of a Collaborative Divorce
A collaborative divorce is not for everyone. Most couples divorce because they cannot get along, so a collaborative divorce is unlikely to work. 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 receiving a greater share of the assets.
In a collaborative divorce, both spouses must disclose all assets and debts. 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 in an open and honest manner. However, a lack of honesty is often what leads spouses to divorce in the first place. A collaborative divorce requires you to work with””not against””your spouse, which is easier said than done.
Seek Advice from an Experienced Denver Collaborative Divorce Attorney
A collaborative divorce can be beneficial for many divorcing couples, but it’s not the ideal solution for everyone. The Denver collaborative law attorneys at Divorce Matters can 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. To learn more about the process and more about family law in Colorado, contact us at (720) 408-7469.