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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.

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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, Las Vegas 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.

Frequently Asked Questions

What is the collaborative process?

The collaborative process is a method of resolving legal disputes, such as divorce, cooperatively and respectfully. It involves both parties and their attorneys working together to find mutually beneficial solutions without going to court.

What role do mental health professionals play in a collaborative divorce?

Mental health professionals are often an integral part of the collaborative divorce process. They help facilitate effective communication, manage emotions, and support both parties and their children throughout the divorce proceedings.

What is collaborative law?

Collaborative law is a legal approach focused on resolving disputes outside the courtroom. In a collaborative divorce, both parties and their attorneys commit to settling through open communication, negotiation, and a spirit of cooperation.

How is child custody handled in a collaborative divorce?

Child custody is a crucial aspect of collaborative divorce. Both parties work together to create a parenting plan that prioritizes the child's best interests. This plan outlines custody arrangements, visitation schedules, and other related matters to ensure the child's well-being.

What are child specialists in a collaborative divorce?

Child specialists are professionals, such as child psychologists or social workers, who play a role in collaborative divorces involving children. They assess the needs of the children involved, provide guidance on custody and visitation arrangements, and help facilitate the children's emotional well-being throughout the divorce process.

What is the difference between a collaborative divorce and a traditional divorce?

In a traditional divorce, the adversarial approach is commonly taken, with both parties resorting to litigation in court. On the other hand, a collaborative divorce emphasizes cooperation and open communication, with the goal of reaching a mutually agreeable settlement without going to court.

What is the divorce process like in a collaborative setting?

The divorce process in a collaborative setting typically involves a series of meetings and negotiations between both parties and their collaborative attorneys. They work together to address property division, child custody, support, and relevant matters to reach a fair and mutually satisfactory settlement.

What is a divorce coach, and how can they assist in a collaborative divorce?

A divorce coach is a professional who provides emotional support and guidance throughout the divorce process. They help clients manage their emotions, set goals, and develop effective communication strategies. In a collaborative divorce, a divorce coach can play a vital role in facilitating productive discussions and minimizing conflict.

What is collaborative practice?

Collaborative practice refers to a specific approach to resolving legal disputes, including divorce, outside the traditional courtroom setting. It involves a team-based approach, including collaborative lawyers, mental health professionals, financial specialists, and other relevant professionals working together to help the parties reach a mutually acceptable resolution.

What role do financial specialists have in a collaborative divorce?

Financial specialists in a collaborative divorce are professionals who help both parties understand and address the financial aspects of the divorce. They assist with matters such as property division, asset valuation, spousal support calculations, and developing a comprehensive financial plan for the future. Their expertise ensures that financial issues are handled equitably and transparently throughout the collaborative process.

What are collaborative lawyers and how do they contribute to the collaborative divorce process?

Collaborative lawyers specialize in collaborative law and are trained to handle divorce cases cooperatively. They work alongside their clients to understand their needs and interests, provide legal advice, and negotiate on their behalf during the collaborative divorce process. Collaborative lawyers aim to promote effective communication, find mutually acceptable solutions, and facilitate a respectful and fair resolution for both parties without resorting to litigation.

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.

Further Reading

For readers navigating the complexities of divorce, our lead attorney, Molly Rosenblum Allen, Esq., has meticulously crafted a suite of resources. These valuable assets are designed to guide you through this challenging time:

  1. Las Vegas Divorce Attorney: Explore your options and understand the divorce process in Las Vegas with comprehensive guidance. Learn More

  2. Nevada Divorce: Gain insights into the specifics of Nevada’s divorce regulations and how they may impact your case. Discover More

  3. Surviving Divorce: Navigate the emotional and logistical challenges of divorce with strategies for resilience and recovery. Find Support

  4. What Happens If You Don’t Sign Divorce Papers: Understand the implications and your legal standing if you choose not to sign divorce papers. Get Informed

  5. Do I Need an Attorney to Get a Divorce: Evaluate the necessity and benefits of having legal representation during your divorce proceedings. Assess Your Needs

  6. How to Win a Divorce: Strategize for a favorable outcome by understanding the key factors that can influence your divorce proceedings. Strategize for Success

  7. Switching Lawyers During Divorce: Learn about the process and implications of changing legal representation mid-divorce. Understand the Process

  8. How Long Does a Divorce Take in Nevada: Get a realistic timeline for divorce proceedings in Nevada to plan accordingly. Get a Timeline

  9. High Conflict Divorce: Navigate the complexities of a high-conflict divorce with expert advice and strategic guidance. Manage Conflict

  10. Questions to Ask a Divorce Lawyer: Arm yourself with knowledge by knowing the right questions to ask during your initial consultations. Prepare Your Questions

Molly Rosenblum Allen, Esq. is committed to providing support and clarity during these challenging times, offering a path to a new beginning.

A computer monitor displays the word "Resources" in large text across the screen to signify the beginning of a section containing helpful materials, documents, or downloads related to the topic.

Offsite Resources You May Find Helpful

Here are seven offsite resources that provide information about collaborative divorce:

  1. American Bar Association: The ABA provides legal resources and services, including information on alternative dispute resolution methods such as collaborative divorce.

  2. FindLaw: This online resource provides free legal information, a lawyer directory, and other resources on a wide range of legal topics, including collaborative divorce.

  3. Nolo: This site provides legal information for consumers and small businesses, including details on divorce and collaborative divorce.

  4. Justia: A platform that provides free legal information and a directory of attorneys for various legal issues, including collaborative divorce.

  5. Avvo: This website provides a directory of lawyers, legal advice, and other resources on a broad range of legal topics, including collaborative divorce.

  6. International Academy of Collaborative Professionals: An international community of legal, mental health and financial professionals working in concert to create client-centered processes for resolving firm.

  7. LegalZoom: An online legal technology company that provides legal information and services to consumers and small businesses, including guidance on collaborative divorce.

What's Next?

Las Vegas residents – are you looking for an experienced and knowledgeable collaborative divorce attorney to help make the process simpler?

Look no further than The Rosenblum Allen Law Firm!

Our tenacious lawyers will work hard to ensure that all angles of your divorce case are considered so you get the best possible outcome.

With over 25 years of experience, we guarantee results with each client.

Call us today at (702) 433-2889 and move closer to a brighter future!

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