Collaborative divorce is a type of alternative dispute resolution that both spouses can agree to with the intention of minimizing the negative impact on their children, reducing stress and trauma for everyone involved, and streamlining the divorce process so everyone can move forward in their lives more quickly. Collaborative divorce has many benefits for divorcing couples in Colorado who have minor children, including less cost and stress as well as faster resolution. Let’s take a look at 8 benefits of collaborative divorce in Colorado.
Divorce is expensive.
When people are in a fight, they tend to be more adversarial and less collaborative. Adversarial divorces can quickly run up thousands of dollars in unnecessary expenses as each party hires attorneys, goes to court, and has other professionals involved in their divorce. A collaborative divorce tends to be much less expensive for both parties.
Stress is bad for your health.
Divorce is difficult for everyone, especially for children. Stress is a huge factor in the transition of a family going through divorce. Collaborative divorces are done in a way that is much less stressful than adversarial divorces. You don’t have to go to court, get a restraining order or be supervised by a probation officer, or stay away from your home while you’re getting divorced. Instead, you’ll be able to focus on negotiating and resolving issues without the pressure of a looming court appearance or other stressful situation hanging over your head.
Speed is good for everyone.
As we said, collaborative divorces tend to go much quicker than adversarial divorces. This means that you’re able to get on with your life after a divorce much more quickly than if you were going the court route. You can also deal with any issues that arise more quickly and easily in a collaborative divorce because everyone has a voice and has the chance to be heard.
Children benefit from shared parenting.
When divorcing couples have minor children, usually one parent is designated as the primary parent and the other has visitation rights. As part of an adversarial divorce, each party will fight to be the primary parent and to keep the other from seeing their children. Collaborative divorces take a different approach. They encourage the divorcing parents to come to a mutually agreeable arrangement that allows both parents to be involved in their children’s lives.
No need for court hearings and trials.
If the divorcing couple is following the collaborative approach, they will have avoided the court hearings and trials that are a regular part of an adversarial divorce. This can be a huge relief to all parties involved in the divorce. You don’t have to worry about the stress, uncertainty, and publicity that come with a public divorce. You can just sit down and negotiate a divorce agreement between yourselves.
Finality: The divorce is finalized much more quickly in a collaborative divorce.
If you reach an agreement and sign a separation agreement, the divorce is pretty much final. And if the divorce is not finalized, you have the option to walk away from the divorce at any time and go back to being legally married. There is no risk of going to trial and having the judge say that you must stay married.
No risk of going to trial. If you don’t reach an agreement, you can decide not to go forward with the divorce at that time without risking further costs or stress.
In an adversarial divorce, you have to go to court and be prepared to go to trial. In a collaborative divorce, there’s no risk of going to trial because you have the option to walk away from the divorce at any time. If you reach an agreement and sign a separation agreement, you are fully divorced. If you don’t reach an agreement, you can always decide not to go forward with the divorce at that time. There are no further costs or stress involved.
Lawyers can be of assistance in the process
Remember, collaborative divorce is a type of alternative dispute resolution. This means that all communication happens without attorneys and without going to court. You’re still able to get advice and guidance from attorneys. If you and your spouse decide to do a collaborative divorce, you can engage attorneys to provide you with advice regarding the terms of your divorce, such as child support and child custody. The attorneys will be able to give you expert advice.
