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I I mean collaborative is a world view
but it is also a different way of
proceeding in divorce and in Colorado as
in Texas and in other states uh it’s
embodied in our statute so in a
collaborative divorce you have two
parties who are willing to undertake
their divorce come to all their
agreements before anything is filed to
the court it requires two
collaboratively trained attorneys and
parties who sign an agreement that says
they will share all information
collaboratively and they will work with
joint experts and that they will meet
together in a series of meetings where
they will address the issues in their
divorce usually the meetings being
broken out into things like what are we
going to do with the children what are
we going to do with the house how are we
going to Value the business how are we
going to allocate the assets how are we
going to allocate the debts so parties
sign an agreement called a collaborative
agreement ahead of time and they agree
that they’re going to proceed with this
process and settle their case and then
file everything with the court it takes
takes the pressure off the parties of
being on the litigation path it has a
tendency to decrease conflict because we
provide support for the parties within
the context of collaborative divorce to
deal with emotional issues as they arise
and it has the benefit of ensuring that
hopefully people will be able to
co-parent together in the future because
they haven’t sort of undertaken this
high conflict litigation path that can
really disrupt families
difficulties with the collaborative
process I think are that if you sign on
to the collaborative agreement you’re
agreeing that if one of you decides you
can’t finish the collaborative divorce
and you’re just going to go ahead and
file the case
then the case automatically drops out of
collaborative and both collaborative
attorneys have to be fired and the
parties will hire at that point new
litigation Council to move their case
forward in addition any joint experts
that were hired during the collaborative
process uh also have to be fired unless
both parties agree that they can use
that work product
this is I think tough for people to
comprehend but it does help keep people
in the collaborative process because
nobody wants to start their divorce over
pay new attorneys to get up to speed so
it makes it feel like everybody has some
skin in the game and it has a tendency
to ensure that everybody pushes to get
the collaborative divorce done it also
ensures that you don’t have counsel in
the collaborative process who are really
strategizing and creating their
litigation case during the collaborative
process it’s a very very helpful way to
run a divorce for certain people some
people have extremely complex issues
that judges aren’t going to have the
time on their docket to be able to
address some people really have a focus
on ensuring that they can maintain a
good relationship going forward and the
team is really focused on ensuring that
that is the case so there are times when
collaborative divorce is really the best
resolution because litigation can spin
out of control and it can damage people
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Denver, CO family law attorney Kristi Wells explains how collaborative divorce works in Colorado.