Many couples, when faced with the prospect of separation, often wonder, “What is a Collaborative Divorce?”. The journey of divorce is never easy. However, there exists an empowering alternative to the traditional divorce process that many couples are now considering: collaborative divorce. This approach puts you in the driver’s seat, allowing you to navigate the process with confidence and control.
What is a Collaborative Divorce?
Collaborative divorce is a legal process allowing couples to work with their lawyers and other professionals to resolve their divorce issues outside of court. The fundamental principle behind collaborative divorce is the commitment to negotiate a mutually acceptable agreement without resorting to litigation.
How Does Collaborative Divorce Work?
- Choosing Collaborative Professionals:
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- Collaborative Lawyers: Each spouse hires a lawyer trained in collaborative law with the experience necessary to help you understand a collaborative divorce. These attorneys advocate for their client’s interests while promoting cooperation and open communication.
- Neutral Experts: Depending on the complexity of the divorce, other neutral professionals, such as financial advisors, child specialists, or mental health professionals, may be involved. These experts provide unbiased guidance and help facilitate discussions on specific issues.
- Initial Meeting and Agreement:
At the outset, the couple and their collaborative team, a group of professionals dedicated to supporting and guiding you, meet to discuss the goals and definition of a collaborative divorce, outline the process, and sign the “no-court” agreement.
- Gathering Information:
Both parties disclose all relevant financial and personal information transparently. This step is essential as it builds trust and ensures that decisions are made based on accurate and complete data.
- Negotiation Sessions:
- The couple, their attorneys, and the neutral experts participate in a series of face-to-face sessions. These meetings, conducted in a fair and just manner, address issues such as asset division, spousal support, and parenting plans.
- Drafting the Agreement:
The collaborative lawyers draft a comprehensive settlement agreement once all issues have been discussed and agreed upon. This document outlines the divorce terms, including financial arrangements, custody arrangements, and other relevant details.
- Finalizing the Divorce:
The final settlement agreement is reviewed and signed by both parties. It is then submitted to the court for approval.
Is Collaborative Divorce Right for You?
After establishing what a collaborative divorce is, you can decide if it’s the right choice for you. Collaborative divorce is not suitable for every couple. It requires a willingness to cooperate, communicate openly, and prioritize mutual respect. If there is a significant power imbalance, a history of domestic abuse, or an unwillingness to disclose financial information, the collaborative process may not be appropriate. However, for couples who are committed to working together to resolve their differences, collaborative divorce can be a constructive and less contentious way to end their marriage.
Collaborative Practice Kansas City is honored to serve residents throughout the Kansas City Metro area. If you have any questions about the collaborative process or want to determine if it’s right for your family, please contact us at 913-380-256 to schedule a consultation!
