Divorce is never easy, but the collaborative divorce process can make it more manageable. Collaborative divorce is a voluntary process where both spouses work with specially trained lawyers to resolve their issues without going to court. This may be the right choice if you’re looking for a way to part ways with respect, dignity, and mutual agreement. Here’s a step-by-step guide on how to initiate the collaborative divorce process and what to expect along the way.
Step 1: Find the Right Collaborative Divorce Lawyer
The first and most significant step is finding a lawyer experienced in the collaborative divorce process. This attorney should have specialized training in collaborative law and a mindset geared toward peaceful conflict resolution. Your attorney will play a major role in facilitating the process and ensuring that your interests are represented fairly without escalating tensions.
Step 2: Talk to Your Spouse About Collaborative Divorce
The collaborative divorce process requires both spouses to agree to its approach. Therefore, it’s essential to have an open and honest conversation with your spouse about the benefits and process of a collaborative divorce.
Step 3: The Participation Agreement
Once both parties are on board, the next step is signing a Participation Agreement. This document outlines the commitment to the collaborative process, including a pledge that neither spouse will seek court intervention and that both lawyers will withdraw if the case goes to trial.
Step 4: Assembling Your Collaborative Team
In addition to your lawyers, you will bring in neutral third-party experts.
Common team members:
- Financial Advisor: To help divide assets, debts, and future financial planning.
- Divorce Coach: To help manage emotions and communication between both parties.
These experts are neutral and work for the benefit of both spouses, guiding the process toward fair and thoughtful solutions.
Step 5: Begin Negotiations
During the negotiation phase, you and your spouse, your respective lawyers, and any additional team members meet in a series of structured sessions to discuss and resolve various aspects of the divorce. The collaborative divorce process allows for flexibility and creativity. You and your spouse can work together to find solutions for your unique situation rather than being bound by a judge’s ruling.
Step 6: Finalizing the Agreement
Once all issues have been resolved, the collaborative lawyers will draft a Separation Agreement outlining the terms you’ve both agreed upon. This document is legally binding and is submitted to the court for approval.
If you’re considering a collaborative divorce, seek legal guidance from a professional experienced in collaborative law. By working with the right team, you can ensure a smoother and less contentious process, preserving your emotional and financial well-being. Collaborative Practice Kansas City is dedicated to serving families throughout the Kansas City Metro area. If you have any questions about the collaborative divorce process or want to explore whether it’s the right option for your family, contact us at 913-380-2560.
