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Can collaborative law lead to a more satisfactory divorce?


The decision to get a divorce is a big one and one that is not usually made lightly. Some couples in Colorado find that, even though they have made every effort to make their marriage work, the union simply isn't tenable. When couples are both able to agree that they need to divorce, they may want to keep the split as drama free as possible. For couples in this situation, collaborative law may be the key to an amicable divorce.

Through collaborative law, each spouse and their respective attorneys work as a team to reach a settlement. If successful, those who pursue a collaborative divorce may never even need to appear in court at all.

Collaborative attorneys also have a stake in seeing the process work. If their client makes unreasonable demands, refuses to compromise or in any way makes it apparent that they cannot move forward in a productive way, the attorneys must bow out of the case and the parties must hire new attorneys to litigate the divorce.

A collaborative divorce starts with a contract stating that the parties agree to work fairly and in good faith. The contract also states that the parties will act with transparency with regard to records and finances. The collaborative divorce will occur in a neutral meeting place, although there is no mediator. It's just the spouses and their lawyers working together on the promise that they will reach an agreement in a constructive and open way.

Collaborative law allows each spouse to explain what they want and why, and then their lawyers can offer suggestions that would result in a fair resolution. This allows a person to feel that their opinions were truly heard in a nonjudgmental manner. In addition, other professionals such as financial experts and therapists can be involved in a collaborative divorce. In this way, each spouse is able to benefit from the information these professionals provide, so they can make sound decisions.

In the end, collaborative divorce may be the right choice for some couples in Colorado who want to end their marriage in a respectful manner. It promotes fairness, which is important if a couple wants to reach a mutually-agreed upon resolution. Collaborative divorce lawyers can provide more information on this alternative to traditional litigation.

Source: The Huffington Post, "Why Collaborative Divorce is a Route Worth Considering," Dr. Nikki Martinez, Oct. 1, 2017

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