Not every divorce requires an expensive legal battle in the courtroom with spouses fighting over the division of personal effects or which holidays they will have with their children. Spouses aligned on the key terms of their divorce can often benefit by negotiating a private settlement and submitting it for approval to the court.
A Mankato collaborative divorce lawyer can support you during this process by working to prevent disputes and finding solutions that meet your goals. Our accomplished divorce attorneys can explain the steps for pursuing a collaborative divorce and the benefits it can offer you and your family during this already difficult time.
Collaborative divorce is a process that relies on the ability of the spouses and their legal counsel to work together on finalizing the terms for ending their marriage. In comparison, a contested divorce occurs when spouses disagree on fundamental issues, such as spousal support or child custody. A contested divorce generally requires court intervention, where a judge determines how to resolve the dispute fairly.
The opportunity for a collaborative divorce often depends on the unique circumstances of the spouses, including factors such as:
Each spouse can hire a collaborative divorce lawyer to represent their interests during each stage of the process in Mankato. A collaborative divorce begins with the signing of a participation agreement that establishes each spouse’s commitment to resolving the divorce without court intervention. During the first stages of a collaborative divorce, we can help you gather relevant information to outline your goals. This may include information about each spouse’s finances, your children, and your plans for after the marriage ends.
After setting initial goals, the next step is to work toward a private settlement agreement on the essential aspects of the divorce. The agreement will typically include terms on a parenting plan for the care of minor or dependent children, an equitable division of assets, and any payment of alimony to one spouse. Reaching an agreement may require scheduled meetings to discuss each spouse’s position on certain terms in detail and to find a workable solution.
Once an agreement is made, the parties can file a signed copy with the court for its final approval. The court will then issue a decree acknowledging the divorce and the terms of the signed agreement.
Pursuing a collaborative divorce can provide spouses and their families with several important benefits. First, the spouses maintain greater control over the terms of their divorce. Disputes over assets, custody, or spousal support that require court intervention could result in a less favorable decision from the court, depending on the case. For example, the court may have to order the sale of a family home or other property under Minnesota Statutes § 518.65 to enforce the equitable division of assets.
Second, contesting the terms of a divorce can become costly with respect to attorney’s fees and the time it takes for a court to issue a decision. A court may require each party to file additional briefs and attend hearings before a judge to resolve the contested issues of the divorce. Court scheduling can also be unpredictable and further delay the issuance of a divorce decree. Finally, a collaborative divorce can help spouses maintain a working relationship in cases where they will continue to interact as parents.
If you are planning to end your marriage, consult one of our Mankato lawyers to find out if a collaborative divorce makes sense for your situation.
A peaceful and efficient end to a marriage is not always possible because of the circumstances. A Mankato collaborative divorce lawyer can help you determine if this approach is right for your case. We work to ensure a private divorce settlement aligns with both your goals and your potential rights under the state’s divorce laws. Schedule a free consultation with our firm today.
