Divorce, a process known for its emotionally draining nature, often brings about conflict between spouses when they decide to end their marriage. Typically, when a divorce case heads to court, the situation can become messy, with each party striving to prove their case and attain victory. However, it is important to note that litigation is not the sole option available for those seeking a divorce. Collaborative divorce emerges as an alternative process, offering a calmer and more productive way to conclude a marriage.
If you are currently contemplating divorce in Colorado, it is crucial to assess the differences between Collaborative Divorce and Litigation. This breakdown will help you make an informed decision on which option is the most suitable for your circumstances.
What is a Collaborative Divorce?
Collaborative divorce involves parties working together in a cooperative and non-adversarial manner to resolve their differences. In this process, each party hires a well-versed lawyer experienced in collaborative divorce. By signing an agreement, they commit to collaborating in finalizing the divorce, settling disputes, and making decisions concerning child custody, property division, and spousal support.
Given its collaborative nature, this method enables spouses to sidestep going to trial, fostering an environment where both parties join forces to reach a mutually satisfactory settlement. Unlike litigation, which leaves final decisions to the court, collaborative divorce empowers spouses to have a say in the outcomes.
What Does Litigation Entail?
Litigation, a legal process where parties aim to resolve their disputes through trial, involves placing the divorce case before a judge. Consequently, the judge assumes control of the case, making final determinations. This lack of control over the outcome characterizes litigated divorces, as parties’ influence remains minimal. With each side having their own lawyers, they present their respective cases to the judge, who then bases their decision on the presented evidence.
Cost
An important distinction between collaborative divorce and litigation lies in their cost. Collaborative divorce tends to be less expensive than litigation due to the cooperative effort in reaching a settlement. This streamlined process eliminates the need for court appearances or trials. Moreover, since collaboration allows for more efficiency, this method often proves faster than litigation.
In contrast, litigation can be financially burdensome. Court and attorney fees can accumulate rapidly, particularly in scenarios where the case extends over a prolonged period. Furthermore, if any appeals arise, the costs can escalate even further.
Time
Collaborative divorce generally concludes more quickly compared to litigation. Through collaborative efforts, parties can avoid multiple court appearances, expediting the divorce process, which can be finalized within months rather than years.
Litigation, however, necessitates extended periods to reach a resolution. The process often becomes protracted, with court dates set months apart, potentially delaying a final decision for years.
Control
The collaborative divorce process grants spouses greater control over the outcome of their divorce. They retain the ability to determine the division of their assets, develop co-parenting strategies for their children, and decide how to handle their affairs. Furthermore, since both parties collaborate to reach a settlement, they are more likely to feel content with the final outcomes.
In a litigated divorce, the decision-making power rests with the judge. It is the judge who finalizes all decisions on behalf of the spouses, considering the presented evidence in court. Consequently, spouses have minimal say in the resolution of their affairs, which can leave them dissatisfied with the end result.
Communication
Communication stands as a vital aspect of collaborative divorce. Spouses must demonstrate a willingness to communicate effectively and work together towards a common goal. Collaboration demands a readiness to compromise and find common ground, allowing both parties to achieve their desired outcomes.
On the other hand, communication within litigation is often limited and hostile. With both parties striving to win the case, hostility and animosity generally emerge, which can hinder the negotiation process.
Conclusion
Reaching the decision to pursue a divorce is notoriously challenging, but selecting the right approach can alleviate the process. Collaborative divorce and litigation stand as the primary methods of obtaining a divorce in Colorado, each presenting its own advantages and drawbacks.
Collaborative divorce proves to be less expensive, faster, and more empowering for spouses, albeit requiring cooperation in reaching a settlement.
Litigation, although more costly and time-consuming, may be necessary in certain cases. Under this method, the final decision lies with the judge, granting spouses limited influence over the outcome.
Ultimately, the choice will hinge on the unique circumstances of each case, with the optimal option varying from person to person. Consultation with an experienced family law attorney is essential in determining the most appropriate approach for your specific situation.