Divorce can be an emotionally challenging journey, and one of the most complex aspects of the process is dividing marital assets and property. In Nevada, collaborative divorce offers a more amicable and cooperative approach to property division compared to traditional litigation. We will delve into the key aspects of property division in a collaborative divorce in Nevada, including community property laws and effective negotiation strategies from our expert divorce attorneys in Reno, NV.
Understanding Community Property Laws in Nevada
Nevada is one of the states that follows community property laws when it comes to dividing assets in a divorce. Under these laws, most property acquired during the marriage is considered community property and is subject to equal division between spouses. Here are some key points to keep in mind:
Negotiation Strategies for Collaborative Divorce
In collaborative divorce, the goal is to reach a mutually beneficial agreement without the need for courtroom battles. Here are some strategies to consider when negotiating property division:
Property division in a collaborative divorce in Nevada is guided by community property laws, which aim for an equitable distribution of assets and debts acquired during the marriage. Successful negotiation in collaborative divorce requires open communication, professional guidance, and a willingness to compromise. By working together, divorcing couples can often achieve a fair and mutually satisfactory property division settlement, making the divorce process less adversarial and more respectful of their shared history. If you're considering collaborative divorce in Nevada, consult with an experienced collaborative divorce attorney in Reno, who can guide you through the process and help you achieve a smoother transition to your post-divorce life.
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Collaborative divorce offers a unique and less adversarial approach to ending a marriage. If you're considering this alternative to traditional divorce litigation, you likely have questions. Here, we address some questions about collaborative divorce, providing you with the information you need to make informed decisions.
1. What is collaborative divorce? Collaborative divorce is a process where divorcing couples work together, with the support of trained professionals, to reach a mutually acceptable agreement. It focuses on open communication, problem-solving, and a commitment to avoiding court battles.
2. How does collaborative divorce differ from traditional divorce? Collaborative divorce promotes cooperation instead of confrontation. It emphasizes finding solutions that work for both parties, rather than relying on a judge's decision. The goal is to minimize conflict and maintain amicable relationships.
3. Who participates in the collaborative divorce process? The collaborative divorce process involves both spouses, their collaborative attorneys, and may include other professionals like financial experts and child specialists. The team is tailored to meet the unique needs of the divorcing parties.
4. Is collaborative divorce suitable for everyone? Collaborative divorce is appropriate when both parties are willing to work together in good faith, prioritize the well-being of any children involved, and are committed to finding mutually agreeable solutions. Consulting with a qualified Nevada divorce attorney experienced in collaborative divorce can provide invaluable guidance.
5. How long does the collaborative divorce process take? The length of the collaborative divorce process varies depending on the complexity of the issues and the willingness of the parties to cooperate. On average, it can take a few weeks to several months to reach a final settlement. A skilled Nevada divorce attorney can help streamline the process and ensure efficiency.
6. What are the advantages of collaborative divorce? Collaborative divorce in Nevada offers numerous benefits, including greater control over the process, privacy, reduced conflict and stress, lower costs compared to litigation, and the ability to prioritize the best interests of children. An experienced Nevada divorce attorney specializing in collaborative divorce can help you navigate these advantages effectively.
7. Can collaborative divorce address financial and child-related matters? Yes, collaborative divorce can address various aspects, including division of assets and debts, child custody and parenting plans, child and spousal support, and other financial considerations. With the assistance of financial experts and child specialists, collaborative divorce provides a comprehensive approach to resolving these important matters.
8. What if we cannot reach an agreement through collaboration? If an agreement cannot be reached through collaboration, both parties must hire new attorneys, and the collaborative process is terminated. However, the collaborative divorce experience often fosters a mindset of resolution and compromise, motivating everyone involved to work towards a mutually acceptable resolution.
9. Is collaborative divorce legally binding? Once an agreement is reached, it is formalized through legal documentation, and the agreement is filed with the Nevada court for approval. Once approved, it becomes legally binding and enforceable. Your Nevada divorce attorney will ensure that the necessary legal steps are followed.
10. Can I switch to collaborative divorce if I've already filed for traditional divorce? Yes, it is possible to transition from traditional divorce litigation to collaborative divorce. Both parties must be willing to commit to the collaborative process and agree to the necessary changes. Consulting with a knowledgeable Nevada divorce attorney specializing in collaborative divorce can help facilitate this transition smoothly.
Collaborative divorce offers an alternative approach to traditional divorce litigation, focusing on cooperation and open communication. By addressing these frequently asked questions, we hope to provide clarity and insight into the collaborative divorce process. Remember, consulting with a qualified collaborative Nevada divorce attorney can help you navigate the specifics of your situation and determine if collaborative divorce is the right path for you.
Divorce can be a stressful and nerve-racking process, especially if the couple cannot agree on important issues. Fortunately, there is a better way to navigate divorce without going through a lengthy and contentious court battle: collaborative divorce. Collaborative divorce is a form of dispute resolution that emphasizes cooperation, communication, and negotiation between the parties involved. After the parties have opted to proceed with a collaborative divorce, here are the steps:
Step 1: Initial Team Meeting
The first step in the collaborative divorce process is the initial meeting where everyone confirms their desires and plans. During this meeting, the parties involved meet with a team of professionals to discuss their goals, concerns, and expectations. The divorce attorneys explain the collaborative divorce process, and the parties sign an agreement to participate in the process in good faith. There is usually a plan formed on how to pay for each party’s attorney, coach and other experts that help them along the way.
Step 2: Exchange Information
In the next stage, both parties agree to disclose all relevant information about their assets, liabilities, and income. This step is critical to ensure that both parties have a full understanding of the financial situation and can make informed decisions about the division of property and other financial matters.
Step 3: Negotiation
Once the parties have exchanged information, they begin the negotiation process. In a collaborative divorce, the parties work together to identify their needs and interests and negotiate a settlement that meets those needs. The parties may work with a neutral financial advisor, mental health coach, or other experts to help them through the divorce process.
Step 4: Settlement Agreement
When the parties reach an agreement, they draft a settlement agreement that outlines the terms of the divorce. The settlement agreement covers issues such as property division, child custody and support, and spousal support. The divorce attorneys review the agreement to ensure that it is legally binding and enforceable.
Step 5: Finalizing the Divorce
After the settlement agreement is signed, the divorce attorneys file the necessary paperwork with the court to finalize the divorce. Since the parties have already negotiated the terms of the settlement agreement, there is no need for a trial or court appearance. The divorce is usually finalized within a few weeks or months, depending on the jurisdiction.
Collaborative divorce is designed to be a less contentious and more cooperative process than traditional litigation. During the process, both parties commit to working together in good faith to reach a mutually acceptable settlement. This means that there is an emphasis on communication, negotiation, and problem-solving rather than conflict and litigation - the process is usually less expensive too! By working together to identify their needs and negotiate a settlement that meets those needs, the parties can minimize the negative impact of divorce in Nevada and move forward with their lives.
Divorce is a challenging and emotional time for everyone involved, especially for children. Traditional litigation can often escalate tensions, leading to prolonged legal battles that drain finances and increase stress for everyone involved. Fortunately, there is a better alternative to traditional litigation: collaborative divorce, even in places like Reno.
A collaborative divorce is a form of dispute resolution that seeks to minimize the negative impact of divorce on all parties involved, especially children. The process involves a team that includes the couple and a team of trained collaborative divorce professionals working together to negotiate and reach a mutually acceptable settlement without litigation before a judge. Both parties commit to working in good faith to reach an agreement that meets their needs and those of their children.
One of the most significant benefits of collaborative divorce is that it is often less expensive than traditional litigation. Because the process avoids lengthy court battles and expensive legal fees, the parties involved can save a considerable amount of money. Additionally, the parties can share the cost of hiring neutral experts such as financial advisors and child specialists, reducing the overall cost of the divorce. This can be especially beneficial for couples seeking a divorce in Reno, where the cost of living and legal expenses can be significant.
Collaborative divorce is also a private process that allows the parties to maintain confidentiality and privacy. This can be especially important for high-profile individuals or those who wish to keep their personal affairs out of the public eye. Collaborative divorce allows the parties to avoid the public scrutiny that often comes with traditional litigation.
Another benefit of collaborative divorce is that the parties retain control over the outcome of the divorce. Rather than leaving the decision up to a judge who may not understand the family's specific circumstances and needs, the parties can come up with a customized solution that meets their specific needs. This can result in a more satisfactory outcome for everyone involved.
Collaborative divorce is also often less contentious and stressful than traditional litigation. The process promotes better communication between the parties, which can reduce conflict and promote cooperation. This can be especially important for couples who will need to co-parent their children after the divorce. By promoting a more positive relationship between the parties, collaborative divorce can help create a more stable environment for children.
Finally, collaborative divorce professionals prioritizes the needs of the children and encourages parents to work together to create a parenting plan that is in the best interests of their children. By focusing on the well-being of the children, the process can help minimize the hardship of divorce on children and promote better relationships between parents and children.
In conclusion, collaborative divorce can be a more positive and effective way to resolve disputes and move forward after a divorce. It can help to reduce the emotional and financial costs of divorce and promote better communication, cooperation, and understanding between the parties involved. By prioritizing the needs of the children and focusing on a collaborative approach, collaborative divorce can help create a more stable environment for everyone involved, including those seeking a divorce in Reno.
Dr. Ribnick was drawn to the collaborative divorce model because she believes in promoting and facilitating constructive interpersonal interactions.
Individuals can be considerate, if not kind, even when it is clear that the marital relationship needs to end. When children are involved, it is even more important to foster a respectful rapport between the parents.
By design, the collaborative model helps the divorcing parties to discuss what is important to each of them, including identifying how they wish for the divorce process to proceed.
Beyond the customary tasks of identifying and dividing up property and assets, other important areas are addressed such as how to interact with extended (ex) family, how to interact when at the same events, when and how to communicate regarding co-parenting decisions and how to interact during future milestone occasions (e.g., celebrations such as graduation and weddings, the birth of grandchildren and how to deal with calamities such as a family illness).
An additional draw of the collaborative model for Dr. Ribnick is being part of a team of professionals who value helping the divorcing couple achieve resolution. This is different than the traditional (litigation-based) legal model which has more of a win–lose orientation and accordingly, may fuel animosity between the parties.
The collaborative approach is less likely to create damage during the divorce process and may, much to the surprise of the divorcing couple, improve their rapport in the years ahead.
Dr. Deborah Ribnick is a licensed psychologist who has had a clinical and forensic practice since 1996. She currently provides psychotherapy services to adolescents, adults, couples and families. She also provides collaborative divorce and divorce mediation services, child custody consultation and parent coordination services following separation or divorce in Nevada.
If you have questions about how to file for divorce in Nevada, divorce cost or need to find a divorce attorney in Reno, Nevada Collaborative Divorce Professionals can help make the process easier. To connect with Dr. Ribnick, visit her profile here.
The process of selling a family home under the best of circumstances can be a highly charged situation. Now add to this process divorce and consider the emotions at play if any of the following are involved: children, a court order to sell the home, one or both participants involved wish to retain the home or if there’s uncertainty as to where parties will relocate following the divorce.
The question in the minds of those involved is often, where do I begin and how will I ever get through this?
As an educated, trained and experienced realtor and mediator, Liz Gonzalez understands the importance of breaking down the process of selling a home and communicating that to all involved in the process.
This is done by working with the participants to complete the following steps:
1) Identify specific goals, so all are clear in what the parties are working to achieve,
2) Create a list of priorities from the perspective of each participant which assists all in remaining focused on important issues,
3) Establish a clear plan to the end goal by breaking the process into parts and focusing on the completion of each part. This helps to avoid the overwhelming feeling of the big picture, especially divorce cost,
4) Lastly, communicating to the participants that challenges will arise but everyone will work through them as they occur.
To effectively move through this process agreement or acceptance from all parties at each step is key. This can be accomplished through clear and concise communication.
Liz helps participants through the process by keeping the following in mind: if the emotions of participants remain in check, they will experience more control of the process and the ability to achieve their desired outcome. There is comfort in clarity, and the participants need to understand what is taking place through each phase of the process and the importance of each phase in achieving the end goal.
The need for participants to be heard/validated is a key component. Liz’s goal is to reach the end goal which was established at the onset. In reaching that goal, the parties need to see and feel their views or opinions have been heard.
Liz’s experience is that acceptance and closure often result not from complete agreement, but from participants understanding how to file for divorce in Nevada and the ‘whys’ of the process of divorce mediation.
Liz Gonzalez is a member of the Reno/Sparks Association of Realtors and has extensive experience in real estate, negotiation, sales, marketing and design. She is a certified mediator and places honesty and integrity cornerstone in all her dealings with divorce in Nevada.
Get in touch with her at Nevada Collaborative Divorce Professionals here.
I have watched my clients struggle with the traditional litigation model that we have in place for divorce in Nevada. It is a flawed system – but it is what we have. Certainly, litigation has its place. That said, it makes sense to me that people working in the Reno divorce arena have inquired about other options.
Working toward a trial is difficult. Seeing failed divorce mediation and failed settlement discussions, and to be left with nothing but Reno family court as the only option to reach a resolution is hard. We can do divorce in a way that builds you up as a person, instead of tearing you apart. Enter – collaborative divorce.
We can separate your finances without depleting them. When people have nothing left emotionally and are financially depleted, it begs the question: is there a better way?
Yes, there is!
I have walked with my clients down the divorce litigation path. To say this is a struggle is an understatement. Divorce without court and working together to meet both parties' needs means there is more of the pie left to split at the end of the day.
Couples do not have to bring each other down. You can be at your adult child’s graduation, wedding, etc. and stand there together with respect.
Melissa L. Exline, Esq.
Working with families to bring some peace to the chaos that can dominate during the divorce process demands a special, people-centered approach. Melissa does not have cases, she deals with people — people that matter deeply. Her practice focuses on divorce and custody cases, and she prefers to work with clients to reach an amicable resolution. Melissa prides herself on an honest, straight-forward approach to family law, truly becoming a team with her clients, and always putting the children first when custody is a dominating element.
Melissa is Vice President of NCDP (2016) and on its board of directors. In addition, she is a member of the Nevada Justice Association and works to lobby in the area of family law.
Get in touch with this divorce lawyer in Reno here.
Many parents face issues with their children voicing that they do not want to go to the other parent’s home when the parties have divorced and agreed to a custody schedule. There is really no defined age at which a child can determine their own schedule.
If the custody schedule determines that the child is to go to the other parent’s home on a certain day and the child states he or she does not want to go, what are the options for the parent who does not want to be found to be in contempt of court for failure to require the child to go to the other parent’s home?
There are instances where a child simply states they do not want to go to the other parent’s home. The custodial parent should calmly ask if there's any reason why, which could be legitimate such as feeling sick and afraid they will throw up, etc. The custodial parent should ask the child about their symptoms, take their temperature and assess the situation.
If there does not appear to be a valid sickness, the custodial parent should tell the child that the other parent will be advised of the symptoms, but the child still must go to the other parent’s home, as that parent loves the child and is looking forward to time with them. The custodial parent should first of all communicate with the other parent what is going on with the child on the custodian exchange date.
If the child continues to refuse to go, then this refusal should be communicated to the other parent. This communication should be about the child’s refusal, without any name calling or blaming the other parent. Approach the issue as if it is a joint issue that both parents need to help solve. It is both parent’s responsibility to adhere to the custody decree.
If the child continues to refuse to go, the custodial parent must advise the child that the custodial exchanges are every bit as important and a necessity as going to school. If your child does not want to go to school, a parent would only allow the child to stay home if he was demonstrably ill, and that they are required to stay in their room, in their bed and to rest, and that his or her phone and computer are not to be turned on until the end of the school day, dinner time etc.
If the child continues to refuse to go to the custodial parent’s home and he is not sick the custodial parent should advise the other parent of this behavior and that the child’s privileges will be taken away from them for this disobedient behavior. That could include loss of cell phone, loss of gaming privileges, grounding etc.
The primary requirement is to communicate with the other custodial parent without blaming them and to advise them what disciplinary action you intend to take.
If the disciplinary action does not work, therapy for the child and the parent the child does not want to see should be initiated. The child therapist will hold the child’s confidences, unless the therapist is required to call Child Protective Services to report child abuse. The therapist will likely meet with the child several times prior to asking the parent to attend that the child does not wish to visit. The purpose of the therapy is to help communication between parent and child so that the relationship may be get better or heal and to help the child and parent with tools so each can communicate better with the other.
If a parent neither communicates with the other parent, or supports the child’s wishes instead of the custody order and takes no disciplinary action towards the child, a court is likely to find the parent in contempt of court if the parent who is being denied visitation seeks relief through the court system.
Our Collaborative Team is here to work together to help separating parents who divorce in Nevada resolve their disagreements efficiently and respectfully outside of family court. Our team works to keep legal, emotional, financial and child custody matters from hindering a resolution that is fair to both parties and any children.
We at Nevada Collaborative Divorce Professionals believe that when mutual respect and a resolve to manage differences are maintained through collaborative divorce, moving forward has a realistic basis for success. With the more positive divorce mediation process this promotes, new beginnings and opportunities can take place.
Contact our divorce attorneys in Reno and across Nevada today and see how our team can help you stay out of courtroom litigation.
Gloria M. Petroni grew up on a farm in Yerington, Nevada. Her Italian father, who came to the U.S. at just 16 years old, was determined to make a better life for himself, a trait he also instilled in his children. With her father’s determination in mind, Ms. Petroni became the first lawyer in her family. She takes her mission of providing excellent representation based upon trust and respect seriously as she works for her clients day after day. Ms. Petroni believes that every client is entitled to dignity and support from their law firm and from their lawyer, and to know that they are in a safe place where their confidential matters are protected in the highest regard. Outside of her practice, she enjoys outdoor sports such as wakeboarding, skiing, golfing, and hiking. She’s up for any new travel or outdoor adventure.
Emotional Support Resources For Your Child:
Child inclusive: In some cases, a child specialist will meet with the children to provide feedback to the collaborative team and parties. This is important because they are meeting in a neutral environment to provide feedback and information to help create a support plan for the children in the collaborative divorce process. This mental health professional can assess the feelings and needs of the child to help them feel a sense of support. They can also inform the parents of their child’s concerns and desires so these can be worked into the final parenting plan.
NCDP professionals work together to help contesting parties resolve their disagreements efficiently and respectfully outside of court. Our team works as a filter to keep legal, emotional, financial, property, and child custody matters from hindering a resolution that is fair and acceptable to both divorcing parties and any children. NCDP’s team is composed of divorce lawyers, mental health, and financial professionals based out of Northern Nevada cities Reno, Sparks, Carson City, and Minden/Gardnerville. We can help your conflicts become resolved without going to court by negotiating mutually acceptable settlements.
Our Melissa Exline, Vice President since 2016, focuses on divorce and custody cases and works with clients to reach an amicable resolution. She takes an honest, straight-forward approach to family law, always putting children first when custody is a high priority. A member of the Nevada Justice Association, you can find Melissa at Surratt Law Practice in Reno, Nevada.
We at Nevada Collaborative Divorce Professionals believe that when mutual respect and a resolve to manage differences are maintained through cooperative divorce, moving forward has a realistic basis for success. With the more positive process this method promotes, new beginnings and opportunities take root more quickly. Contact us today and see how our team can help your divorce stay out of courtroom litigation!