Collaborative Divorce is an alternative dispute resolution process that emphasizes cooperation, transparency, and long-term problem-solving. The Collaborative process is most effective when both parties are genuinely committed to resolution and share a willingness to engage in respectful dialogue. Because Collaborative Divorce requires parties to work with each other to resolve their case, not every divorce is right for Collaborative Divorce. While not automatically disqualifying, the following dynamics may indicate a case is not appropriate for Collaborative:
History of Domestic Violence or Coercion
A pattern of control or abuse can create an unsafe environment and disproportionate bargaining power. To guard against these concerns, Colorado law requires attorneys to conduct a “reasonable inquiry” into any history of coercion or violence and take steps to ensure a party’s safety before proceeding in a Collaborative Divorce.
Serious Mental Health or Addiction Issues
Undiagnosed or unmanaged mental health disorders or substance abuse can hinder a party’s ability to participate effectively. If issues are being minimized or ignored, the process may not succeed without additional support.
Divorce Readiness & Emotional Pacing
Often, the person initiating the divorce emotionally moved on, while the other is still reeling. These mismatches in readiness can stall the process or cause disproportionate reactions. Coaching and therapeutic support may help manage these differences if both parties are open.
Child Abuse
Generally, a case with child abuse present is not a good fit for Collaborative Divorce.
While not every case is right for a Collaborative Divorce Process, there are additional alternative disputes processes that utilize many of the same tools and professionals to reach fair outcomes that keep families out of the courtroom.
James M. Cordes, Esq.
jcordes@kinnettcordes.com
Kinnett & Cordes
140 E. 19th Avenue, Suite 600
Denver, CO 80203
303-968-1711