Colorado Collaborative Divorce Attorneys

Offering Cooperative Solutions to Divorce Throughout Colorado

Collaborative divorce is a type of divorce where both parties commit to a mutually-beneficial solution, without the option of pursuing any other action. The process begins with a contract stipulating that neither side’s lawyers will pursue litigation or trial action if an agreement is never reached.

The Harris Law Firm is wholeheartedly committed to peaceful, cooperative solutions whenever possible—that’s why much of our team is made of highly-skilled negotiators and certified mediators. We believe in the personal, financial, and legal advantages of a negotiation. Strong divorce agreements are the result of both parties committing to the solution, and we are committed to finding such a solution.

If you are interested in pursuing a collaborative divorce solution with your spouse, contact The Harris Law Firm today at (303) 622-5502.

What is Collaborative Divorce?

Collaborative divorce is a legal process designed to help couples resolve their divorce issues amicably without going to court. It involves both parties working together with their respective attorneys and other professionals, such as financial advisors and mental health experts, to negotiate a mutually acceptable agreement. This method emphasizes cooperation, transparency, and respect, aiming to minimize the emotional and financial stress often associated with traditional divorce proceedings.

Here is an overview of the legal process of collaborative divorce in Colorado:

1. Initial Consultation with Attorneys: Each spouse hires a collaboratively trained attorney. During the initial consultations, the attorneys explain the collaborative process, its benefits, and the commitments required from both parties.
2. Signing the Participation Agreement: Both spouses and their attorneys sign a participation agreement, committing to the collaborative process and agreeing not to go to court. This agreement outlines the rules and expectations for the process.
3. Assembling the Collaborative Team: In addition to attorneys, other professionals may be involved, such as financial neutrals, child specialists, and divorce coaches. These experts provide neutral advice and support to both parties.
4. Gathering Information and Disclosure: Both spouses provide full and honest disclosure of all relevant financial information and any other pertinent details. Transparency is crucial for a successful collaborative divorce.
5. Joint Meetings and Negotiations: Regular meetings are held with the collaborative team to discuss and negotiate various aspects of the divorce, including property division, child custody and support, spousal maintenance, and other relevant issues. These meetings are structured to encourage open communication and problem-solving.
6. Developing the Settlement Agreement: The collaborative team works together to draft a settlement agreement that addresses all issues. This agreement reflects the negotiated terms and the couple's unique needs and circumstances.
7. Review and Signing of the Agreement: Both spouses review the settlement agreement with their respective attorneys to ensure they fully understand and agree with the terms. Once both parties are satisfied, they sign the agreement.
8. Filing the Divorce Documents: The signed settlement agreement is submitted to the court along with the necessary divorce paperwork. A judge reviews the agreement to ensure it is fair and meets all legal requirements.
9. Finalization of the Divorce: If the judge approves the settlement agreement, a divorce decree is issued, finalizing the divorce. The couple is now legally divorced, having successfully used the collaborative process to reach an amicable resolution.

What are the Benefits of Collaborative Divorce?

In this type of agreement, both sides agree that the only solution they are willing to commit to is one that each willingly accepts. The end goal of this process is negotiation and settlement, not a trial. The Harris Law Firm is dedicated to these kinds of solutions.

• You Have More Control: When couples choose collaborative divorce, they have more control over the case. With the help of mediators, they come up with their own terms and decide what works best for them.
• Emotional Advantage: Collaborative divorce can minimize emotional trauma to spouses and their children, and it empowers both sides of the family to reach an agreement that keeps them operating as a family unit. The exhaustion, tension, and hostility that divorces are stereotypically known for causing can be minimized, or even eliminated, in a collaborative divorce.
• Cost-Effective: Collaboration usually requires less time from the attorneys than litigation would because spouses come to settlements outside of the courtroom, it costs less. With litigation, you would have to pay for discovery, trial preparation the trial. Often trial cases can cost individuals over $30,000.
• Privacy: With collaborative divorce, couples have more privacy. Because they are in control of the decisions and outcomes, their personal information is kept private. With litigation, a judge presides over your case, making the choices on your behalf and your information gets placed in public records.

Perhaps the greatest benefit of a collaborative divorce is it sets the tone for continuing family interaction. If parents can reach a collaborative agreement at the end of their marriage, it sets a strong precedent for future collaboration as they jointly raise their children. Communication, even in truly difficult situations, can still remain positive and creative, not critical or adversarial.

Beneficial for High Net-Worth Divorces

Collaborative law is also suitable for high profile divorcing couples who not only require experienced legal counsel and skilled advocacy, but who may also benefit by using a private and confidential approach. Using collaborative law, the parties never have to appear in court and their privacy is protected.

The Harris Law Firm has handled many high profile divorces in Colorado through mediation, collaborative law, and litigation.

Contact us today to fully understand the options available to you!

What if Both Parties Can't Agree on a Collaborative Divorce?

If the parties cannot resolve all of the issues in the divorce with the assistance of their collaborative lawyers, the parties may look into other methods of alternative dispute resolution (ADR) prior to engaging in litigation.

If the parties cannot resolve the issues through ADR, the collaborative lawyers would withdraw and the parties would proceed to obtain attorneys to proceed to prepare the matter for trial.

Potential Drawbacks of Collaborative Divorce

Essentially, if the process fails, the parties are forced to change lawyers. This creates the potential for the tremendous expense and emotional turmoil of switching attorneys right in the middle of a divorce.

Moreover, emergency or immediate relief through the court system is not a viable option in the collaborative process, so the parties must be confident that they will be able to work through all of the issues in their case. Assistance from the courts for any reason will not be available, so the parties must be able to resolve all issues quickly, such as child custody, parenting time, and financial support.

While collaborative has many attractive qualities, it is very important that both parties realize the built-in limitations of this approach. The Harris Law Firm can help you determine the best course of action for your unique divorce situation.

What Are the Differences Between Collaborative Divorce & Mediation?

One of the main distinctions between collaborative divorce and mediation lies in the role of attorneys. In collaborative divorce, attorneys are actively involved in the negotiation process, providing guidance and advocacy for their clients while being committed to the collaborative approach. This commitment is formalized through a participation agreement that all parties sign, agreeing to resolve their issues without going to court.

In contrast, mediation typically does not involve attorneys during the sessions. Instead, they may provide advice to their clients outside the mediation process, and there is no formal agreement preventing the parties from resorting to litigation if mediation fails.

Another significant difference is the team approach seen in collaborative divorce versus the more streamlined nature of mediation. Collaborative divorce often involves a multidisciplinary team of professionals, including financial neutrals, child specialists, and divorce coaches, who work together to address various aspects of the divorce. This team approach provides structured support and specialized expertise, helping the couple navigate complex issues more comprehensively.

On the other hand, mediation generally involves only the mediator, a neutral third party who facilitates discussions between the spouses. Additional professionals can be brought into mediation if needed, but their involvement is usually more limited compared to the collaborative process.

Control over the outcome is another area where these methods differ. In both collaborative divorce and mediation, the couple retains control over the final decisions, unlike in litigation where a judge determines the outcome.

However, collaborative divorce may offer more structured support and a more comprehensive approach through the involvement of the collaborative team. This can be particularly beneficial for addressing multifaceted issues and ensuring that all aspects of the divorce are thoroughly considered.

Mediation focuses on facilitating direct negotiation between the spouses, allowing them to communicate and reach an agreement with the mediator’s guidance, but without the extensive support network available in the collaborative process.

How Can Our Divorce Lawyers Help?

With over 200 years of collective experience in trial law and negotiations, our Colorado collaborative divorce attorneys have the insight and skill to craft truly creative, beneficial results for you and your family. Our aim is to ensure that you receive what you need in an agreement without adding undue stress or pain to the process.

If you are interested in a collaborative divorce, seek the help of one of the largest family law firms in Colorado. Call The Harris Law Firm today at (303) 622-5502.