Fortunately, there’s a less toxic approach that can avoid litigation altogether known as collaborative divorce. This process relies on taking a partnered approach to the dissolution of a marriage and provides a calmer environment to negotiate.
How Collaborative Divorce Works
Through collaboration, litigation becomes unnecessary and allows the couple to work with a collaborative divorce lawyer to create a fair divorce agreement. This attorney will not represent either spouse but aid them with legal counsel and advice throughout the process so the court will accept the final submitted petition and settlement.
Attorneys for both sides can host meetings where everyone sorts through the myriad of issues surrounding a divorce until all the issues have been settled with agreeable terms. This non-adversarial method of negotiation can preserve respect, avoid breakdown of communication, and save money on court fees and other related legal costs.
Benefits of a Collaborative Divorce
The prime benefit of this divorce method is there isn’t a heated legal battle, and many times, there’s no need to go to court. By deciding on issues like parenting time and custody, division of assets and debt and other issues, this process is streamlined and much less expensive for both parties involved.
This type of separation also benefits children involved because there’s much less emotional turmoil and stress between their parents. Most couples find that this collaborative method got them much of what they hoped for in the final settlement. They also felt less upset compared to those who endured the long legal battle of a traditional divorce.
While it’s true that separating couples could determine these issues on their own if the dissolution is amicable, it’s important for an experienced divorce attorney to review the agreements to make sure they comply with Kansas divorce laws.
What If A Collaborative Divorce Approach Fails?
Kansas attorneys who possess the necessary training to conduct collaborative divorce services work hard to stay laser-focused on the end goal of a mutually beneficial settlement agreement. They communicate in ways that show no bias toward either party involved and strive to keep both parties communicating in a respectful and productive manner.
That aside, there are occasions where a couple or one party can’t successfully move past fears of reaching a deal they’re not happy with. When this happens, there’s a solution for current collaborative attorneys to withdraw from the process and allow the divorcing couple to hire different representatives to litigate their case.
Collaborative Kansas Divorce Lawyers
The key factor to a successful collaborative divorce is having the willingness to communicate with your estranged spouse. Putting aside emotions may seem impossible at times, and this can affect one’s openness to negotiation and compromise. This is why compassionate divorce attorneys with the ability to help keep you focused on the bigger picture are vital when attempting to dissolve your marriage this way.
Kansas attorney Joseph T. Welsh understands the importance of having a firm negotiator to protect your parental rights and property so that your collaboration efforts are not in vain. As a former U.S. District Attorney for the District of Kansas, he has extensive experience with arbitration and mediation in and out of the courtroom. Contact his office today at (620) 510-5030 for a free consultation to assess your current divorce situation, what you hope to accomplish, and how the Kansas collaborative divorce process works.