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Family Law/Divorce: Collaborative Law

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Collaborative Law

The end of a marriage is often a period of complex emotions. Even when you recognize that getting a divorce is the proper course of action, you can still encounter mixed feelings, stress, and heartache over the process. Collaborative law offers an approach that can make this process more manageable. It seeks to actively involve both spouses in the divorce process to achieve the most favorable and amicable solution for all parties involved. This is known as a collaborative divorce.

At Grant, Miller & Smith, LLC, our experienced divorce attorneys understand how challenging it can be to move forward with a divorce and address all the issues that come with a split, including child support, spousal maintenance, and property division. We aim to help you find legal solutions that address your goals and concerns, allowing you to move forward with rebuilding a new life for you and your family. One way you may accomplish this with as little stress and animosity as possible is by applying the principles of collaborative law to your divorce.

Are you ready to learn more about whether a collaborative divorce is right for you? Contact our Missouri office today and request a confidential legal consultation with a knowledgeable family law attorney who can review your situation and outline your divorce options.

What Is a Collaborative Divorce?

A collaborative divorce is a relatively new system for moving forward with divorce and is considered a form of alternative dispute resolution. During a collaborative divorce, both spouses agree to attempt to resolve their issues and reach an amicable and mutually acceptable settlement agreement. The goal is to avoid the stress, hassle, and cost of going to court to resolve their legal issues.

To move forward with a collaborative divorce, each side works with their own attorney or legal team, who can help them understand their legal rights, advocate for them during the process, and provide guidance and moral support. Other professionals, such as mental health experts and financial advisers, can also be utilized by both parties to coach them in effective communication tactics and guide them through the specifics of their situation. These professionals may be especially vital when couples go through a divorce or separation involving a shared business or high-value assets.

Working with your spouse instead of against them in a respectful and non-combative environment can help you reach a resolution that aligns with your goals and meets your specific needs and those of your children.

Benefits of a Collaborative Divorce

Like other forms of alternative dispute resolution, applying collaborative law principles to a divorce may offer couples specific and unique benefits. Some of the benefits of a collaborative divorce include:

  • Increased Privacy – Court records are a matter of public record. When you take your divorce case to court, you lose your privacy and may be exposing details of your life and marriage that you would rather keep private. During a collaborative divorce, you work with your partner to resolve your differences and agree to a mutually beneficial divorce arrangement, thus avoiding litigation and the need to present your case to a judge, jury, and the court of public opinion.

  • Lower Stress – There is almost nothing more stressful than preparing for court. Many people feel anxious and overwhelmed by the Missouri legal process. Working in a collaborative environment may help reduce stress and anxiety because you can be more active in the process.

  • Lower Cost – You must still work with an experienced attorney to manage the collaborative divorce process. However, the cost of a collaborative divorce tends to be less than taking your case to court. Court battles can be lengthy and involved, requiring extensive legal footwork and preparation that can cost you time and money.

  • More Control and Creative Problem Solving – When couples opt for a collaborative divorce, they find it offers them more control over the divorce process, allowing them to voice their concerns and needs while working together to find creative legal solutions. You maintain control over the situation instead of handing power over to the Missouri courts to settle your issues for you.

  • Timely Resolution – A collaborative divorce may not happen overnight but tends to be faster than litigation. If you are ready to move forward with your life and put your past behind you, a collaborative divorce might fit into your timetable better than waiting to go to court.

How Does a Missouri Collaborative Divorce Work?

First, it is imperative that you discuss your situation with a knowledgeable and experienced Missouri divorce attorney who can assess your circumstances and help you decide whether a collaborative divorce is right for you. A divorce attorney with experience in collaborative law can outline your legal options and decide if moving forward with this approach is the best option that fits your needs.

With legal representation secured, you can arrange your first collaborative divorce meeting. You’ll be introduced to your collaborative divorce team during this initial encounter. You may also be asked to sign a Collaborative Participation Agreement. This document outlines your formal commitment to work with your spouse to resolve your legal issues. It also provides guidelines and a roadmap for the collaborative divorce process so you know what to expect.

Typically, ongoing collaborative divorce meetings are necessary to communicate effectively with your spouse and iron out the details of your agreement. Collaboration can be gradual, so do not expect to resolve all your issues in one session. There must be time to address both parties’ concerns, work together toward finding amicable and agreeable solutions, and consider all options and opinions. During this time, your attorney and financial and mental health professionals can help you understand your situation’s financial implications and provide moral support and counseling services. Child specialists may also help your children cope with their emotions and changing family dynamics. The goal is for everyone to work together to help minimize the negative impact of divorce.

When you and your spouse reach a consensus, it is time to finalize the agreement. Your attorney can help manage the required legal documents and submit them to the court as an uncontested divorce. A judge reviews the agreement and, if they agree to the terms, signs the document, and a Judgment of Dissolution of Marriage gets entered by the court, ending your marriage.

Do You Need Your Own Attorney for a Collaborative Divorce?

Yes. Each spouse must secure separate legal representation for the collaborative divorce process. You want to work with an attorney who can advocate for you and ensure your best interests remain front and center during the process.

Even if you and your spouse are on good terms and can find common ground without legal intervention, you need a committed and focused attorney to help you manage the collaborative divorce process, file accurate and timely legal paperwork, and keep the terms of the agreement fair.

If the collaborative divorce process fails, your attorney can also be there to discuss other options to resolve your case, such as mediation or going to court.

Work with an Experienced Missouri Family Law Attorney

At Grant, Miller & Smith, LLC, we want to help you finalize your divorce with as little stress and anxiety as possible. If you believe you and your spouse can work together to reach a mutually beneficial agreement, applying the principles of collaborative law to your divorce proceedings may be an option for you and your family.

Contact our office today and set up a confidential meeting with a skilled divorce and family law attorney to discuss the collaborative divorce process.

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