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Avoiding court with a collaborative divorce

On Behalf of | Jan 11, 2017 | Divorce

Minnesota spouses who are seeking alternatives to a traditional divorce may want to consider a collaborative divorce. Such a procedure focuses on using negotiation and mediation instead of litigation to resolve divorce issues. In some cases, a family court may mandate that a couple engage in mediation before going to court to ligate. However, in order a collaborative divorce to work, both parties have to be willing participants.

Individuals may find that a collaborative divorce has a number of advantages over other forms of divorce. It is typically less expensive than other forms of ending a marriage. Most of the interaction between the parties usually take place in an informal setting where the principals are able to engage in open and honest discussions on divorce issues that have to be resolved. This type of divorce also tends to take less time to settle than other methods.

A typical collaborative divorce begins with each party hiring his or her own attorney, preferably one who supports the negotiation and mediation processes. All participants will sign an agreement that includes a provision that the attorneys will withdraw from the case if litigation is sought. After each attorney determines what results his or her client wants from the divorce, both parties will regularly meet to arrive to settlement terms for the divorce. Professionals in finance or child psychology may attend the meetings to help resolve issues. If there is difficulty in reaching agreements, a licensed mediator may be consulted.

A divorce attorney may evaluate a client’s circumstances and advise whether a collaborative divorce may be an appropriate method of separation. During negotiations, the lawyer may work to protect client interests as issues such as child custody are resolved.

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