What is a Collaborative Divorce Process?
Today I want to talk about a different approach to getting a divorce. It is called a collaborative divorce process. I want to talk to you about this because I am a big proponent in coming to agreements between my couples when they come to see me for divorces because I feel it is best for the couples to have more control of the outcome of their particular situation. In a collaborative divorce, the couple has more control of their outcome, as opposed to a judge making decisions about their future when this judge does not really know the complete dynamics of their family situation.
So, what exactly is a collaborative divorce, what does that mean? Simply put, a collaborative divorce is just an alternative method used to resolve issues between parties in a divorce. It is a voluntary process which does not include litigation. Rather it aims to find solutions, to reach agreements, and resolve disputes through mediation, private and confidential negotiations. These negotiations are held by the parties, by their attorneys and possibly by third parties such as child psychologists, specialists and/or financial planners. The meetings that are being conducted will be held in an informal setting rather than in a courtroom.
There are generally three steps when moving through a collaborative divorce in Nevada. The first one is that all parties, including the attorneys, must sign a written agreement, a written contract, at the beginning of the case. Then a plan is laid out between the parties and the attorneys as to how they’re going to approach the issues. Finally, the meetings will be held between the parties and their attorneys in an attempt to negotiate and settle those issues. Once an agreement has been reached, one of the attorneys will then put that agreement in writing, file it with the court, and it will be filed as an uncontested divorce. It’s a very straight-forward process.
What I like most about collaborative divorces is that the parties are in charge. The parties have more of a say in how and what their agreements will be and there will be no judge intervention. You’ll have more control over your future and you’ll be able to make more decisions about your family, which you understand most and more than a judge does.
One thing I do want to caution you about is, even though it is not an adversarial process it’s important to have an attorney well-knowledgeable in divorce matters to represent you. Because there is no judge, you want someone who is knowledgeable in the topics of divorce so that your interests are being well represented.
If you are considering divorce, or are not sure how to get started, please do not hesitate to schedule a consultation with our office. Our team will discuss the specifics of your personal situation and advise you on the pros and cons of various options as they relate to your specific situation. To reach our office, please contact us at (702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.
For additional information and resources on Divorce or other Family Law related topics, be sure to check out our Family Law blog, podcast, or Family Law TV playlist on Youtube.