In Missouri, as in many other jurisdictions, collaborative law is a specific approach to handling divorce cases. Collaborative law cases in Missouri are characterized by several key features:
- Voluntary Participation: Both parties must voluntarily agree to participate in the collaborative law process. This means that they agree to work together in good faith to resolve their divorce-related issues outside of court.
- Collaborative Team: In a collaborative law case, each party typically has their own collaboratively trained attorney. Additionally, other professionals such as financial advisors, mental health professionals, or child specialists may be involved to assist in reaching agreements.
- Commitment to Resolution: Both parties and their attorneys commit to resolving issues through negotiation and settlement rather than through litigation. This commitment is typically formalized in a participation agreement signed by all parties at the outset of the process.
- Open Communication: The collaborative process emphasizes open and honest communication between the parties and their attorneys. This often involves face-to-face meetings and joint sessions where the parties work together to find mutually acceptable solutions.
- Problem-Solving Approach: Rather than focusing on positions or “winning” in court, the collaborative process encourages a problem-solving approach where the parties work together to find creative solutions that meet the needs and interests of both sides.
- Confidentiality: Communications made during the collaborative process are generally confidential and cannot be used against either party in court if the collaborative process is unsuccessful and litigation becomes necessary.
- No Court Intervention: One of the hallmarks of collaborative law is the commitment to resolving issues without court intervention. If the collaborative process breaks down and the parties cannot reach an agreement, they must hire new attorneys to represent them in litigation.
These features distinguish collaborative law cases from traditional litigated divorces and other alternative dispute resolution methods such as mediation. Collaborative law cases aim to minimize conflict, promote cooperation, and empower parties to reach mutually satisfactory agreements that meet their unique needs and circumstances.
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.
