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.
Children of divorced parents undeniably fare best when parents can communicate well and collaborate. To facilitate this, divorced or separated parents need to create a parenting plan.
Most people understand that such a plan defines how the parents will share physical child custody, also known as a custody schedule. This includes the day-to-day schedule during the school year and the schedule during the summer break and holiday periods.
A comprehensive parenting plan includes many other important items: for instance, the parenting plan should identify when and how parents will communicate, when and how a parent and child will communicate during non-custodial periods, and how parents will handle transitions between households. The plan will also include day-to-day decisions such as who makes and attends doctor and dental appointments, who will correspond with teachers and attend parent-teacher meetings, what extracurricular and summer activities the child will participate in, transitioning of items between households, and payment and reimbursement of supplies, clothing and equipment.
Furthermore, the plan should define when input should be solicited from the other parent, what information must be shared between the parents, how to correspond with teachers, coaches, and healthcare professionals, and guidelines regarding travel.
It is also advised that parents inform the other parent about the routines, rules and expectations in their home, with the goal, if possible, of having some continuity between homes.
Lastly, a parenting plan is meant to evolve as a child matures. Accordingly, timelines should be identified when the parents will reexamine, and possibly modify, the parenting plan.
Given the multifaceted nature and complexity of a parenting plan, it is advisable that parents confer with a mental health or family law professional who is well-versed in this arena.
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.
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.
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!
