Collaborative divorce in Missouri, like in many other jurisdictions, is a method of resolving divorce-related issues outside of traditional litigation. It’s designed to promote cooperation and communication between divorcing spouses with the goal of reaching a mutually acceptable agreement without going to court.
In a collaborative divorce process:
- Voluntary Participation: Both spouses must voluntarily agree to participate in the collaborative process. This involves signing an agreement committing to work together in good faith to resolve issues without litigation.
- Team Approach: Each spouse typically has their own collaboratively trained attorney who assists them throughout the process. Additionally, other professionals such as financial advisors, mental health professionals, and child specialists may be involved to help address various aspects of the divorce, such as property division, financial planning, and co-parenting arrangements.
- Negotiation and Problem-Solving: Through a series of meetings, both spouses and their respective attorneys work together to identify and address the various issues related to the divorce, such as child custody and visitation, spousal support, division of assets and debts, and any other relevant matters. The focus is on finding creative solutions that meet the needs and interests of both parties and their children, if applicable.
- Privacy and Confidentiality: Collaborative divorce proceedings are private and confidential, unlike traditional litigation which takes place in a public courtroom.
- Court Involvement: If the collaborative process is successful and the spouses reach an agreement, the terms of the agreement are then submitted to the court for approval and incorporation into the final divorce decree.
- Termination of Collaboration: If the collaborative process fails and the parties are unable to reach an agreement, both attorneys must withdraw from the case, and the spouses will need to pursue other avenues for resolving their divorce, such as litigation.
Collaborative divorce can offer several potential benefits, including reduced conflict and stress, greater control over the outcome, and often a more efficient and cost-effective process compared to traditional litigation. However, it may not be suitable for all couples, particularly those with high levels of conflict or power imbalances. It’s essential for couples considering collaborative divorce to consult with experienced professionals to determine whether it’s the right option for their situation.
At Raza Family Law Solutions, we practice family law effectively guiding clients through prenuptial and post nuptial agreements, dissolution of marriage, modifications of prior judgments, and resolving child custody disputes. We also help families take a different approach to divorce with mediation and collaborative work. Contact us for a consultation at (314) 408-5957.
