What is a Collaborative Divorce?

There are several divorce options if you and your spouse decide to part ways. 

You may have an uncontested divorce. An uncontested divorce can include a simple agreement among spouses to formal mediation. 

You will have a contested divorce if you and your spouse cannot agree. 

What is a Collaborative Divorce_

Is a Collaborative Divorce the Right Option for You?

A collaborative divorce is like an uncontested divorce but has some differences. The benefit of such a divorce is that you and your spouse can work out all the details and not go to trial.

A collaborative divorce involves cooperating with your soon-to-be-ex to work out the details of your divorce. In some cases, emotions are too high, and a collaborative divorce is unrealistic. A collaborative divorce might be right for you if you and your ex get along to finalize your divorce.

What Does Collaborative Divorce Mean?

So, what is a collaborative divorce? 

It is a type of divorce that allows a couple to reach an agreement without a court hearing. This option saves both parties the cost of hurt feelings during a divorce trial.

Collaborative divorce uses mediation and negotiation to come to terms with the divorce. Both parties agree not to litigate and resolve their issues informally without court involvement. 

Many times, collaborative divorce is faster and cheaper for couples. In a collaborative divorce, you will not get stuck on the Court’s timeline, which can take several months or even years. Also, collaborative divorce is far less expensive than protracted court litigation.

The most important thing when considering collaborative divorce is that you and your spouse must be willing to negotiate. 

Mediation and collaborative divorce will fail if one party is uncertain or unwilling.

How Does Collaborative Divorce Work?

The first step in a collaborative divorce is to hire the right divorce attorney. Choose one that knows Nevada law and has the knowledge to protect your rights and interests. 

Next, you and your attorney will discuss what you want out of the divorce. This list may include the division of assets, child support, and spousal support. 

You and your attorney will then have the first meeting with your spouse and their attorney. You both will sign a “no court” agreement stating they will not seek litigation during the process. 

During each meeting, you and your spouse should be making progress to a divorce agreement. You should provide relevant information, such as requested tax records, bank statements, or payroll documents. 

Once you and your spouse have settled on your divorce, you will sign a settlement agreement. Review the contract to ensure you are okay with the settlement terms and discuss any questions or concerns with your divorce attorney.

What Is The Difference Between Collaborative Divorce and Mediation?

What is the difference between collaborative divorce and mediation?

Mediation utilizes a third party to help spouses negotiate their divorce before court. Unlike a collaborative divorce, there is not a “no court” agreement that everyone must sign.

Mediation does not always mean you will not have to go to court.

Yet, mediation can help settle different areas such as custody, alimony, etc.

Benefits of Collaborative Divorce

There are several benefits to a collaborative divorce. 

That includes:

  • Saves money
  • Saves time
  • It has an informal setting.
  • Involves the free, open, and honest exchange of information
  • Allows you to decide how to settle post-settlement disputes
  • Allows you to negotiate terms that work for you

Disadvantages of Collaborative Divorce

Despite the benefits of a collaborative divorce, there are some disadvantages. What are the disadvantages of a collaborative divorce?

  • If you cannot agree, you and your spouse must hire new attorneys for the court process.
  • You and your spouse must trust each other to be honest during the process. You both must disclose all assets and debts.
  • You cannot avoid court altogether. One or both of you must go to the court for a judge to approve your agreement.
  • The judge might deny a collaborative divorce agreement if domestic violence is involved.
  • Clashes between you and your spouse during negotiations may lead to litigation. In that case, you will both be breaking the “no court” agreement. You will then have to start the process over again.

Find A Good Divorce Attorney

Collaborative divorce is a way for you and your spouse to come to a divorce agreement without the stress and cost of a court hearing.

You want an attorney who understands your goal of settling your divorce without going to court. We will work with you to negotiate a favorable settlement in your divorce.

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