FAQ

A Collaborative Facilitator has experience in issues related to separation, divorce and co-parenting after divorce. The facilitator has training and expertise in family dynamics, communication skills, mediation, and the collaborative law process.

This background enables the facilitator to help both members of a divorcing couple deal with the emotional and psychological challenges of their divorce. Although the facilitator may have therapeutic skills, the facilitator does not function as a therapist in this role.

Even if the team is able to settle only some of the issues through the Collaborative process, the parties do have options. You can agree to submit the remaining issues to a Collaborative arbitration process or proceed to litigation with new counsel

In the event you decide to litigate the remaining issues your collaborative attorneys will remain involved until you have obtained new counsel.

Yes, the documents produced using the Collaborative model for your divorce meet all the requirements of the state of Colorado. The state requires that certain specific documents be filed regardless of the method used to resolve your divorce issues. Whether your case is resolved through the Collaborative process, mediation, arbitration, or litigation, the exact same documentation is required by the court. Your choice is to determine which resolution process is best suited for you and your family.

Maintenance during a pending divorce
Maintenance is the payment, usually made monthly, from one spouse to another. Maintenance was formerly known as alimony. Colorado’s divorce statute is no-fault and requires that maintenance be determined “without regard to marital misconduct.”

The court will consider temporary maintenance in Colorado, in cases where a couple’s combined gross annual income is under $75,000. The calculated payment uses 40% of the higher income earner’s gross monthly income minus 50% of the lower income earner’s gross monthly income. This gives the presumptive maintenance amount as long as the amount calculated amount is not more than 40% of the combined annual income of the parties. The court will then allocate the monthly expenses between the parties. For spouses where the combined gross annual income in over $75,000, the court may extrapolate from the calculated amount.

For maintenance that begins in 2019, the guideline amount of maintenance will be 75% of what it is under the 2018 guidelines, for couples earning a combined gross income of over $10,000 per month.

The guideline amount will be 80% of the 2018 amount for couples earning a combined gross of under  $10,000 per month.

Collaborative professionals understand that separation and divorce are much more than just a legal process. It is an emotional and financial journey that includes a legal event as one step in a long process of reforming the family. The emotional journey of your divorce begins way before you tell your spouse and ends only after you are settled in your post- divorce life. If you have children it involves new ways of relating to your former spouse as co-parents.

Strong feelings of anger and grief about the end of the marriage are common. So are anxious thoughts about the future such as “Will I be okay?”, “Will our children be okay? These thoughts and feelings are normal as divorcing couples go through this transition. Nonetheless, they can and often do hinder the divorce process. For example, one spouse’s anger at the other spouse may prompt acting out in an effort to retaliate. Fear of the unknown may cause them to stall the process. Grief about what has been lost may hamper their ability to visualize and move toward a different future. Many people feel ruled by their emotions at this time that can keep them from making sound decisions.

Often spouses are in different stages of acceptance about the end of their marriage or partnership. One may be in denial that the divorce is even happening while the other may desire a quick resolution. They may blame each other. They may differ in how well they assert themselves and in their comfort with conflict. They may compete over who is the better parent. Any of these tendencies can cause friction and undermine their ability to act in the best interests of their (redefined) family moving forward.