Choose A Collaborative Divorce to Avoid Litigation

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A collaborative divorce is a peaceful divorce solution to an otherwise traditionally court-litigated divorce. This divorce method gives couples the time and space they need to work together to solve all legal issues and create a lasting resolution for their family’s future. Many couples are turning to the collaborative method instead of turning the end of their marriage into a fight.

In collaborative divorce, each spouse hires an attorney, but unlike traditional divorce proceedings, the attorneys in a collaborative divorce commit to resolving the case without going to court. Some key features of a collaborative divorce include:
  • Both spouses and their attorneys sign a participation agreement that commits them to resolve all issues through negotiation and cooperation rather than resorting to litigation.
  • Collaborative divorce promotes open and honest communication between the parties. This helps build trust and allows for more effective problem-solving.
  • Instead of taking rigid positions, the collaborative process encourages parties to identify their underlying interests and priorities. This approach can lead to more creative and mutually beneficial solutions.
  • If needed, collaborative divorce allows for the involvement of neutral experts such as financial planners, child specialists, or divorce coaches. These professionals assist in providing objective information and guidance to the couple during the process.
  • Like mediation, collaborative divorce proceedings are confidential. This can foster a more comfortable environment for discussing sensitive issues.
  • Collaborative divorce recognizes that the divorce may significantly impact the family, especially the children. The process aims to prioritize the well-being of all family members.
  • Like mediation, collaborative divorce allows couples to craft agreements that suit their needs and circumstances rather than relying on court-imposed judgments.
  • Collaborative divorce often takes less time than a litigated divorce, as the parties are committed to working together to reach a resolution.

If the process breaks down and the couple cannot reach an agreement, both attorneys must withdraw from the case, and the parties will need to seek new representation if they decide to pursue litigation. However, the commitment to avoiding litigation and the focus on cooperation make collaborative divorce attractive for couples willing to work together to resolve their differences amicably. Collaborative divorce has been used to help couples solve very challenging situations. Even if you and your spouse have different perspectives on matters, Hugh O’Donnell can help you both come to a resolution.

There are many advantages to the collaborative divorce process, and it is worth looking into. If you are in the Kansas City area and believe collaborative divorce sounds like a good option for you and your family, contact me, Hugh O’Donnell, today to schedule a consultation, or feel free to call me at (816) 533-5152 with any questions you have regarding your divorce.