There are many ways to get a divorce in Colorado. While you could choose the traditional method of going before the courts, you might find that a collaborative divorce in Colorado is a better option. We look at the definition of a collaborative divorce, discuss why it might work for you, and give you a few tips to speed up the process.
What is a Collaborative Divorce?
A collaborative divorce involves both parties resolving issues among themselves with a lawyer in an informal manner. This method takes the judge out of the process, ensuring that both parties have a say in what occurs. After all, most people don’t want a stranger making decisions about their life.
Collaborative Divorce vs. Mediation
The collaborative divorce looks similar to mediation in Colorado, but there are also some differences. Mediation involves a neutral person or mediator that has no power to determine the outcome. The meetings are informal and inexpensive. The parties determine a divorce agreement that then goes in front of the court for a ruling.
On the other hand, collaborative divorce requires attorneys and a no-court agreement is signed. The spouses, along with the attorney, negotiate the divorce in four-way meetings. These are also informal and efficient, but it completely cuts the court out of the process.
Is A Collaborative Divorce A Good Idea?
For some people, a collaborative divorce is the best option. However, there are certain criteria you will want to follow.
- Have an ex-spouse that will agree to the collaborative divorce.
- Both parties must be comfortable talking to and negotiating with the other person.
- Have the ability to turn off destructive emotions while working together.
- If you want to end the marriage with some integrity and respect.
- If you desire to have a good relationship with your spouse, especially if you have children.
- You are feeling a desire to protect the family from emotional pain and a messy divorce.
- You are looking to limit the cost of the divorce.
- Have the willingness to compromise and give up some small things for a quick agreement.
- You can see things from your spouse’s perspective.
If you meet these stipulations, collaborative divorce could be a great idea.
Why A Collaborative Divorce May Not Work
While collaborative divorce works for some partners, it isn’t for everyone. If you have been abused by your partner, or you feel intimidated, you don’t want to engage in a collaborative divorce. Additionally, if there is too much hatred to work constructively together, it’s best to save yourself the pain. For people that find it difficult to compromise and give up something, it would be best to have a traditional divorce instead.
Collaborative Divorce vs. Regular Divorce
With a collaborative divorce in Colorado, the final agreement is made between the two parties and the lawyers. The court never needs to get involved in disputes, but rather approves the final agreement and issues a divorce decree. With a regular divorce in Colorado, the court decides some or all of the final agreements based on the parties’ legal arguments, applicable statutes, and case law.
Collaborative Divorce Cost
In most cases, collaborative divorce is going to cost less because there’s no reason to go to court. However, if the collaborative divorce drags on due to the inability to compromise, it could actually end up costing more than a traditional divorce in Colorado.
Collaborative Divorce Colorado
You can have a collaborative divorce in Colorado as long as both parties agree. You simply need to set up the four-way meetings and be willing to compromise.
How Long Does Collaborative Divorce Take?
This depends on you and your circumstances. If you have a lot of property to divide and assets to discuss, the process could take longer than if you have nothing to split. We typically schedule a few meetings, each lasting a couple of hours.
What Happens After Collaborative Divorce
Once the agreement is made with both parties and looked at between lawyers, the divorce is filed with the courts.
Collaborative Divorce Tips & Tricks
To get the most out of your collaborative divorce, you want to follow these simple tips.
- Trust your lawyer and the process.
- Use the team to make the process more efficient.
- Do any homework your lawyer gives you. By being prepared, you spend less time in the meetings.
- Don’t aim to win negotiations, but be willing to compromise.
- Understand your spouse’s point of view.
- Voice your concerns constructively.
Find A Divorce Lawyer Near Me….
Thomas Ramunda has more than 25 years of experience working with couples just like you. It’s possible to have a civil divorce without fighting and arguments. Contact us today to get started.
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