Collaborative divorce, while beneficial, is not without its limitations. Any agreements that are reached during this process are binding, and each party relinquishes their right to contest and litigate the case later on. Further, the parties and their counsel should execute a stipulation not to pursue litigation later on should negotiations be unsuccessful.
The participation agreement also contains commitments to do the following:
Disclose financial information via the relevant documents
Maintain confidentiality and privacy
Respect all parties mixed up in process
Put the interests of the children first (if applicable)
Share the costs of external professionals as required (i.e. home/business appraisals)
Create a written and legally binding agreement to get the final divorce decree
Each member involved along the way agrees to the situation plan, which is a roadmap for negotiations. Collaborative sessions will be scheduled over a date when all parties and counsel can attend. These periods may be held remotely or personally at either attorney’s office.
During these collaborative meetings, partners can receive lawyer off their attorneys (unlike mediation, where a mediator is unable to provide legal advice). Sessions will aim to achieve an agreement between you as well as your spouse on your key respective interests.
Each meeting may last between 3 to 5 hours. You, your partner, and your lawyers will decide on the agenda and duration of each meeting. Most collaborative divorces require at least five meetings, but this is determined by the outstanding issues and the progress manufactured in discussions between the parties.
Along with these “team” meetings where all parties and counsel attend, separate meetings can be conducted if required – for example, with financial advisors or child specialists. Such meetings may be required to address concerns as well as to derive information required in preparation for another collaborative divorce meeting with the full team in attendance.
In some particularly challenging cases, the attorneys representing spouses may recommend individual or joint coaches to help the divorcing parties with the collaboration process. These collaborative divorce process facilitators could even attend each “team” meeting to help.
collaborative divorce attorneys in Colorado have a great success rate. However, if the collaborative sessions do not lead to funds and the case is taken up to trial, each party will have to retain new counsel that had not been a part of the collaborative process.
With collaborative divorces, couples invest in a procedure that will end in a settlement that keeps them out of court. As the solutions might not be ideal, spouses will be able to transition from the problems of the present to a mutually beneficial resolution for the future.
The practical, financial, and emotional great things about collaborative law are:
Reduced costs – litigation is expensive and involves comprehensive time and work from divorce attorneys as well as court costs and other fees. Collaboration might take many negotiation sessions, but it is almost always more affordable than going to trial.
Control – with a collaborative divorce, you remain in control of decisions rather than handing that power to a judge or arbitrator to strictly apply the law. It enables you to tailor an agreement and you only commit to signing a settlement if it is in your interests. Only you might agree to a pay out – your attorney, your partner’s legal professional nor other people grows to decide what the agreement looks like.
Privacy – the details of a collaborative divorce settlement remain within the four walls of the offices where you sign it. Unlike with a court trial, details need not be produced public.
Lower Stress – because litigation is an adversarial process with a “winner” and a “loser,” many couples find collaborative law stressful. Collaboration is much less intimidating for the majority of divorcing couples and their children/families, rather than taking the stand to testify as a witness in court.
Relationships – couples who collaborate are more likely to maintain better relationships. This is better over time, especially if there are children from the marriage and parents need to communicate as a “family unit” for their needs. Because collaborative divorces are less adversarial and less inclined to start up bitter reminders of days gone by, parents can maintain civility, enabling future collaboration for jointly raising their children.