By the time you make the final decision to move on in life without your spouse, you may have already come through years of turmoil in your marriage. Most people do not make such decisions on a whim, but rather, after numerous failed attempts at trying to restore their relationship. Once you decide to file for a divorce, you’re ready to begin the healing process and start afresh in life. The last thing you need is to get stuck in a long, drawn-out battle in a Colorado court.
The good news is that you don’t even have to go to court to finalize your divorce. There are ways to negotiate a settlement out of court. One option is to agree to a collaborative process. The first logical step to take to initiate this type of divorce is for each spouse to retain legal representation.
Why are attorneys needed for collaborative divorce if you don’t go to court?
The collaborative divorce process was created in the 1990s. It began with two attorneys who agreed to come together on behalf of their two clients to negotiate a settlement without litigation. It worked so well that more and more spouses wanted to do the same, and it became a staple alternative option available to spouses who want to avoid going to court to finalize their divorce.
Since its inception, collaborative divorce includes spouses who wish to end their marriage, the attorneys who agree to negotiate on their behalf, and any other team members one or the other spouse wishes to include, such as a child specialist, financial adviser or divorce coach.
Collaborative divorce versus mediation
A collaborative divorce is like mediation in several ways. Both processes occur outside a courtroom in private settings. However, a mediated divorce typically includes a neutral third party who facilitates discussion sessions. As mentioned earlier, each spouse hires an attorney to act on his or her behalf in a collaborative divorce, which makes it different from mediation.
Talking to your spouse about the option
If you’re wondering how to approach the topic of a collaborative divorce with your spouse over litigation or other options, you might want to mention the benefits shown in the following list:
- If you have children, a collaborative divorce might be less stressful for them, since it demonstrates parental willingness to work together as a team to achieve a settlement, rather than fight it out in a public courtroom.
- Collaborative divorce is an alternative dispute resolution process, which is typically much less expensive than litigation.
- Settling your divorce out-of-court will probably take less time than litigation.
- Collaboration is a peaceful way to end your relationship and move on in life.
Divorce isn’t easy, but it doesn’t have to be an ugly, stressful process. If you and your spouse are willing to cooperate and compromise to negotiate property division, child custody and other important issues, and would like to accomplish your goals in the swiftest and most economically feasible way possible, then the collaborative process might be a good fit for you.