Collaborative Divorce: What Is It?

Yes. Nevada has adopted the Uniform Collaborative Law Act, codified at NRS 38.400 through 38.575. The statutes establish requirements for collaborative participation agreements, disclosure obligations, attorney disqualification, confidentiality, privilege, and other aspects of the collaborative process.

Under NRS 38.485, the participation agreement must be in a record, signed by the parties, state their intention to resolve the matter through the collaborative process, describe the nature and scope of the matter, identify each party’s collaborative lawyer, and contain confirmation of representation from those lawyers.

The parties may also include additional terms that are consistent with Nevada’s collaborative law statutes, including provisions concerning neutral financial professionals, child specialists, or other participants.

Yes. Collaborative divorce is voluntary. Nevada law specifically provides that a court may not order a party to participate over that party’s objection. The collaborative process begins when the parties sign a collaborative law participation agreement.

If the collaborative process ends without resolving the matter, the collaborative lawyers are generally disqualified from representing the parties in a related contested proceeding under NRS 38.510.

Each spouse ordinarily must retain litigation counsel if the case proceeds through contested family court. That disqualification rule is one of the major differences between collaborative divorce and ordinary settlement negotiations.

Collaborative law communications receive substantial protection under Nevada law. NRS 38.545 provides confidentiality to the extent agreed by the parties or otherwise provided by statute, while NRS 38.550 generally makes collaborative communications privileged, not subject to discovery, and inadmissible in later proceedings.

Nevada law also contains specific exceptions and waiver provisions, so the privilege is not absolute in every circumstance.

Yes. One of the defining features of Nevada collaborative law is informal but meaningful disclosure. Under NRS 38.525, a party must, upon request, make timely, full, candid, and informal disclosure of information related to the collaborative matter without requiring traditional formal discovery.

A party must also promptly update previously disclosed information when it materially changes.

In mediation, a neutral mediator helps the spouses negotiate but does not represent either party. In collaborative divorce, each spouse has their own collaborative attorney throughout the negotiation.

The major distinction is the disqualification agreement. If the collaborative process ends and contested litigation becomes necessary, the collaborative attorneys generally cannot continue representing the spouses in that litigation. Ordinary mediation does not usually carry that consequence.

Yes. NRS 38.495 allows parties in an already pending proceeding to sign a collaborative law participation agreement. The parties then promptly file notice of the agreement with the tribunal, which generally operates as an application to stay the pending case while the collaborative process continues.

If the collaborative process later ends, notice is filed with the court and the stay is lifted.

Yes. Collaborative divorce can address child custody, parenting schedules, holidays, decision-making, child support, relocation concerns, and other parenting issues when both spouses are willing to negotiate.

The spouses may also agree to involve neutral child-development or parenting professionals where appropriate.

Potentially. Collaborative cases can involve real estate, retirement accounts, investments, business ownership, professional practices, debts, and other complex property issues.

The parties may use neutral financial professionals, business valuation experts, accountants, or other specialists to help evaluate disputed financial questions without automatically turning the matter into courtroom litigation.

No particular cost outcome can be guaranteed. Collaborative divorce may reduce some of the expense associated with formal discovery, repeated motions, contested hearings, and trial preparation when the process succeeds.

Costs can still be significant in cases involving substantial financial analysis, multiple professionals, prolonged negotiations, or a collaborative process that later ends and requires new litigation counsel.

Yes. Participation is voluntary, and Nevada law allows a party to terminate the collaborative process unilaterally, with or without cause. A collaborative attorney must explain that right before a prospective party signs the participation agreement.

Collaborative law is not automatically appropriate for every relationship involving coercion or violence. Under NRS 38.540, collaborative lawyers must make reasonable inquiry into whether there is a history of a coercive or violent relationship.

If such a history exists, the lawyer generally should not begin or continue the process unless the affected party requests it and the lawyer reasonably believes the party’s safety can be adequately protected.

Not necessarily. The goal is to resolve the disputed issues without asking the court to decide them through contested litigation. Nevada law still permits a tribunal to approve an agreement reached through the collaborative process.

A court may also issue emergency orders during the collaborative process when necessary to protect the health, safety, welfare, or interests of a party or family member.