DivorceMag: Nevada FAQs

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Frequently Asked Questions About Divorce

"My wife is very controlling. Will Collaborative Divorce work for us?"

Divorce attorney Jeffrey P. Bollinger answers: "Nothing is certain -- not Collaborative Divorce, not litigation, not mediation. The goal and purpose of Collaborative Divorce is that each party is empowered with more control over the outcome of the divorce, compared to litigation or other dispute-resolution methods.

In Collaborative Divorce, the attorneys agree not to litigate the divorce if they do not reach a settlement, removing the incentive for a "win at all costs" approach by either side. This provides a motivation for both spouses to remain at the table when things get heated. Collaborative Divorce is conducted with civility in private settings, rather than with hostility in the public arena. You and your spouse each retain your own attorney, so your wife will have an objective professional guiding her through the process..."

"My husband says we'll save a lot of money using the collaborative approach because we will share a lawyer. Is that really how collaborative law works?"

Divorce attorney-mediator Shawn Weber answers: "One of the hallmarks of collaborative family law is that each of you has your own divorce lawyer who can help you protect your interests. In Collaborative Divorce, both parties retain specially trained divorce attorneys. Other professionals, including coaches, financial specialists, therapists, and child specialists can be called upon to join the team and offer their unique expertise. The experts agree to adhere to the collaborative process. An important distinction of Collaborative Divorce is the agreement that the divorce attorneys and other experts make to resign from the case if it veers towards litigation..."

"My husband says we'll save a lot of money using the collaborative approach because we will share a lawyer. Is that really how collaborative law works?"

Divorce attorney-mediator Mari Frank answers: "The intention of collaborative law, as with mediation, is to provide an alternative to an adversarial court battle, but the parties cannot share a lawyer in collaborate law. If you wish to engage in a Collaborative Divorce, you must each find a collaboratively trained divorce attorney who is willing to sign an agreement that if the case does not settle, he or she will not represent you in a court battle. There must be a signed Collaborative Agreement. If a lawyer tells you he or she can work "collaboratively" with your spouse's attorney, without the risks and rewards of the Collaborative Participation contract, it is not truly a collaborative matter..."

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