by questful | May 4, 2025 | Collaborative Law, Legal, Uncategorized
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
by questful | Sep 30, 2024 | Legal, Uncategorized
Collaborative Law is a voluntary, non-adversarial process where both parties work together with their attorneys to reach a mutually beneficial agreement. Unlike traditional litigated divorces, where the focus is often on winning legal arguments, Collaborative Law emphasizes communication, cooperation, and confidentiality.
Key Features of Collaborative Law:
- Voluntary Process: Both parties agree to participate in the process willingly.
- Mutual Agreement and Solutions: The focus is on finding solutions that work for both parties, rather than one side “winning.”
- Confidential and Private: Unlike court cases, which are public, Collaborative Law proceedings are private and confidential.
- Emphasis on Communication and Cooperation: Encourages open communication and working together to solve problems.
- Involvement of a Professional Team: Often includes a team of professionals, such as financial advisors and child specialists, to help reach the best outcomes for all involved.
The Effectiveness of Collaborative Law
A study conducted in 2015 on 1,186 divorce cases highlights the success rates and satisfaction levels associated with Collaborative Law:
- 94% Success Rate: A staggering 94% of Collaborative cases were settled within the process itself, avoiding the need for court intervention.
- Low Court Involvement: Only 2.26% of Collaborative participants required a post-decree decision by a judge, compared to 20.5% in the traditional court process and 11.5% who used mediation or arbitration.
- High Satisfaction Rates: 81% of those who used the Collaborative process were generally satisfied with their own well-being post-divorce, significantly higher than the 69.5% satisfaction rate for those who went through the traditional court process.
Source: https://www.collaborativepractice.com/sites/default/files/IACP-2015_DivorceExperienceStudy.pdf
These statistics demonstrate that Collaborative Law not only provides a more amicable and efficient path to divorce but also contributes positively to the participants’ well-being post-divorce.
James M. Cordes, Esq.
jcordes@kinnettcordes.com
Kinnett & Cordes
140 E. 19th Avenue, Suite 600
Denver, CO 80203
303-968-1711
by questful | Mar 11, 2024 | Legal
Every divorce carries its own unique circumstances. If you’re self-employed, your divorce will have some additional considerations.
Child Support
Self-employed individuals must still pay child support. In Colorado, child support is calculated on a worksheet, which considers each parent’s gross income and the number of overnights with each parent.
For self-employed parents, “gross income” isn’t simply the business’s gross earnings. Instead, the Court uses the gross income of the business minus reasonable business expenses. This is where things can get tricky, especially if the owner is paying personal expenses from the business account.
If a parent is not working to his or her full potential while self-employed, income may be imputed to the parent, based on what the parent could be making.
When income is not consistent, you can often average the past several years to determine a reasonable estimate of income.
Property Division
If you started the business during the marriage, your interest in the business is marital property. Even if you started the business before the marriage, if it increased in value during the marriage, that increase is also marital property. In both scenarios, the business must be valued. This requires an expert to value the business.
When dividing the business, the Court will consider the following questions:
– When was the business established? If it was started before the marriage, then the business interest is the owner’s separate property.
– Has the business value increased during the marriage? If yes, then the increase is marital property, and the increase must be accounted for in the property division.
– What were each spouse’s roles in the business and how much did each party invest in the business?
– What’s the business’s overall value?
While not advised, the Parties can agree to continue joint business operations after divorce. If the case goes to court, the judge must award the business to one party or another, and cannot allow them to continue joint ownership after the divorce.
Self-employment and business ownership can be complicated, and require expert advice, both from financial and legal professionals. The professionals at South Denver Collaborative Divorce are here to help!
Katelyn B. Parker, Esq
8400 East Prentice Ave., Suite 1500
Greenwood Village, CO 80111
Phone: (720) 213-6858
katelyn@oneaccord.legal
www.oneaccord.legal
by questful | Oct 15, 2023 | Legal, Uncategorized
If there are concerns about a parent’s ability to abstain from alcohol during their parenting time, there are different options for addressing those concerns in real-time.
The first step is determining whether a parent’s alcohol use rises to the level of necessitating monitoring. In determining whether monitoring is necessary, although not an exhaustive list, the following factors (or a combination thereof) may suggest that real-time alcohol monitoring is appropriate:
- History of DUI/DWAI.
- Consuming alcohol every night.
- History of alcohol abuse but not currently enrolled in treatment (AA, sobriety counseling, outpatient treatment, etc.).
- Hiding drinking from family members.
- Consuming hard liquor directly from the container.
- May go days without contact with friends or family members.
Striking a balance between continued contact with the children and ensuring their safety is critical if a parent has an unmanaged alcohol abuse issue. There are 3 ways to actively monitor alcohol use in real-time during parenting time: a handheld or portable breathalyzer, Soberlink and BACTrack.
Portable Breathalyzer:
Handheld breathalyzers purchased from Amazon, Walgreens, etc. are the least reliable devices and have significant limitations. There are multiple products on the market that may not be accurate, so make sure you research the device and verify that it has been certified. Typically, a parent will blow into the device prior to the commencement of parenting time and at drop-off, and show the other parent the results in-person and in real-time. As a breathalyzer purchased from Amazon has no facial recognition features, if additional testing results are shared during parenting time via photos, they cannot be considered reliable. Although intrusive, consider Facetiming with the testing parent to visually verify the test and results.
Soberlink/BACTrack:
Soberlink and BACTrack are handheld breathalyzers that use either facial recognition software (Soberlink) or video (BACTrack), and send the results to the other parent in real-time. Soberlink is a standalone breathalyzer that captures an image of the user’s face with built in cell service to transmit the results in real-time to the other parent via text and e-mail (this option must be selected in the subscription package otherwise weekly e-mailed reports are the default). Soberlink is considered the Gold Standard for active monitoring of alcohol use, the user is typically assigned a case manager, and tests are usually scheduled every 4-6 hours during waking hours; however, the cost of the device and the monthly subscription can be a concern.
BACTrack is a handheld breathalyzer without built in cell service that uploads results via Bluetooth to the user’s cell phone. BACTrack takes a video of the user’s test that is then shared with the other parent. While BACTrack has been approved for use by courts and is significantly cheaper than Soberlink, because the device has to connect to a cell phone and tech support is an additional cost, user error can interfere with timely uploading results.
Secondary Testing:
No monitoring protocol is foolproof. As all three active monitoring options only address sobriety during waking hours, often Soberlink or BACTrack are combined with random, weekly Urinalysis (UA) testing or monthly PEth testing (bloodspot testing) to determine if alcohol has been consumed overnight. UA testing typically has a 24-48 hour look back window based on how fast the individual metabolizes alcohol. PEth testing utilizes markers in the blood to determine if a parent has binged alcohol in the last 28 days, but cannot pinpoint when alcohol consumption occurred within the 28-day window or the exact quantity of alcohol consumed.
Woody Law Firm, LLC
James M. Cordes, Esq.
jcordes@woodylawllc.com
Woody Law Firm, LLC
140 E. 19th Ave, Suite 600
Denver, CO 80203
303-968-1711
by questful | Aug 16, 2023 | Legal, Uncategorized
Do want to file a joint divorce with your spouse, but you’re not sure where to start? In this article, I’ll guide you through the next steps you should take.
Filing as Co-Petitioners means that both you and your spouse will sign the Petition for Dissolution. While you’ve probably already had some discussions with your spouse, getting him or her onboard is the first step.
Decide When To File. In Colorado, there is a 91-day waiting period between when the divorce is filed and the date when the judge can sign your Decree. Some couples choose to file the Petition before all the paperwork is completed so that this clock can start ticking. Other couples wait until all the paperwork is done, so they can file everything at the same time. If you choose this second option, your paperwork will sit for 91 days and then the judge will sign your Decree.
Collect your financial information. In Colorado, each spouse must complete extensive financial disclosures. These include bank statements, pay stubs, tax returns, and childcare expenses for your children.
Meet with a Certified Divorce Financial Analyst (CDFA). Does the thought of providing all your financial documents overwhelm you? If so, a CDFA can help you and your spouse gain a clear picture of your assets and debts. They can also assist you in creating a post-divorce budget.
Consult with a Mediator or Parent Coach. If you can’t agree on custody arrangements or aren’t sure where to start in crafting a Parenting Plan, a therapist or parent coach trained in collaborative law can help you and your spouse work through disagreements and reach a resolution.
Talk to a Collaboratively Trained Lawyer. Most people think that hiring a lawyer is the first step. However, a lawyer’s main role is to advise you on the law and make sure your agreements are in the proper format for court. While the lawyer can give you a list of topics to discuss with your spouse, a financial advisor or parent coach will be better suited to help you problem-solve. Hiring an attorney too early in the process can also make your spouse feel defensive and cause unnecessary expense.
Finally, I’ve had clients who avoided hiring attorneys for their amicable divorces because they were worried about increased difficulty, expense, or conflict. However, not having guidance from an attorney or other professional can lead to unclear agreements that cause problems in the future. By agreeing with your spouse on a course of action, it is possible to complete a divorce without stepping foot in court.
If you have more questions about your divorce, I’m here to help!
Katelyn Ridenour Parker
8400 East Prentice Ave.
Suite 1500
Greenwood Village, CO 80111
Phone: (720) 213-6858
katelyn@oneaccord.legal
www.oneaccord.legal
by questful | Nov 1, 2021 | Legal, Uncategorized
Collaborative divorce is focused on minimizing the harmful effects of divorce on families by helping you reach respectful solutions tailored to your family. If you are ultimately unable to resolve your divorce by reaching agreements, you’ll end up in trial with a stranger in a black robe (the judge) deciding for you. When negotiations or agreements do stall, threatening to take the case in front of a judge is often a knee-jerk reaction that fails to appreciate the true impact of a trial on your family.
Unless they have been through litigation before, spouses are unable to comprehend the emotional damage inflicted by adversarial hearings and trials. During a trial, you and your spouse will be subject to cross examination. You will be grilled by your spouse’s attorney and will end up opening Pandora’s Box when testifying. The statements made can’t be taken back and you’ll dredge up years-long arguments and humiliating events in a public forum, especially when children are involved.
While any hearing will be very stressful on you, the negative impact on children and your ability to successfully co-parent in the future is undeniable. Two dynamics are primarily responsible for this negative impact. The first dynamic is the emotional wound inflicted during the hearing itself. Feelings of betrayal – “How could you let your attorney treat me that way?” or “How dare you tell your attorney to ask me that” – will persist long after a trial and many parents are unable to move past that betrayal. You have years of co-parenting and decisions for your children ahead of you, and real work must be done afterwards to be able to forgive and not allow the experience of an adversarial trial poison the well.
The second dynamic is having a judge thrust their decision upon you after only a few hours of trial. Trials breed continued conflict as one or very often both parents are bitter and feel the wrong result was reached. When a parent believes the result is an injustice, the natural human response is to protest the result by either rigidly enforcing the orders to punish the other parent or by simply ignoring the orders. Generally, parents are more likely to follow court orders and not fight each other at every turn when they arrive at their parenting plans by agreement.
While contested trials and hearings have a place in divorce and custody disputes, it’s important to consider how going to trial will impact you and your family both during and long after your case is over.
James M. Cordes, Esq.
jcordes@woodylawllc.com
Woody Law Firm, LLC
140 E. 19th Ave, Suite 600
Denver, CO 80203
303-968-1711
