Collaborative Approach In Family Law Matters

Avoiding Court: Benefits of a Collaborative Family Law Approach

If you are going through divorce or facing a family law matter, traditional litigation isn’t the only way to resolve the issues that must be determined in your case. The collaborative approach in family law matters can help you and your spouse reach a tailored resolution efficiently, privately, and amicably. Since both spouses are actively involved in the collaborative process, they are often much more satisfied with the outcome than they would be if they had allowed a judge to decide the issues in their case.

Key Takeaways

• The collaborative family law approach can be used to help parties resolve divorce matters and a wide range of family law issues.
• The collaborative process uses a team of professionals who assist the parties with reaching a resolution in their case.
• Collaborative law allows the parties to reach a tailored resolution amicably, efficiently, and cost-effectively.

What is Collaborative Family Law?

The collaborative approach in family law matters or divorce allows the parties to settle their cases outside the courtroom. It allows for a customized settlement by implementing a team of professionals who assist the parties with finding creative solutions that work for the whole family. At the outset, each party signs an agreement that they are committed to using the collaborative process and will not resort to litigation. In the event communications break down or one spouse is unwilling to compromise, each party will be required to seek new counsel for litigation.

The collaborative team that is assembled depends upon the specific issues in the case. For instance, if parents cannot agree on custody or certain aspects of a parenting plan, a child specialist can help them determine what arrangement is in the best interests of the child. If property division is complex, an appraiser, financial neutral, or accountant may be involved. In addition, mental health specialists and divorce coaches can be included on a collaborative team to help a couple navigate the emotional impact of divorce.

What are the Benefits of the Collaborative Approach in Family Law Matters?

The collaborative process encourages open communication, cooperation, and mutual respect among the parties who are involved. However, there are many other benefits of using the collaborative approach in family law matters. The collaborative approach can offer the following advantages:

• Privacy: The collaborative sessions take place outside of the courtroom. Nothing that is discussed becomes part of the public record. The discussions remain confidential, even if the collaborative process fails and litigation becomes necessary.
• Amicability: One of the major benefits of using the collaborative approach in family law is that the process is non-adversarial and keeps conflict to a minimum. This can help spouses remain amicable, which is particularly important if they will be co-parenting.
• Flexibility: Court orders can be rigid. The collaborative process offers flexibility in crafting a settlement that reflects each party’s specific financial situation and parenting style, as well as the needs of the children.
• Cost-effectiveness: Litigation is often lengthy and costly. The collaborative approach allows spouses to resolve their issues in a much more cost-effective manner than they would by bringing their case into the courtroom.
• Efficiency: Unlike litigation, where the length of time it takes to resolve a case depends upon the court’s calendar, spouses who use the collaborative approach can resolve their cases on their own timeline, and much more quickly than they would in court.
• Empowerment: The collaborative approach gives the parties the opportunity to craft their own settlement and remain in control of the outcome of their case. The parties can find tailored solutions that work for their family, which may not be available in the courtroom.

While there are many advantages to using the collaborative approach in family law matters, it may not be a viable option in certain cases. For instance, if one spouse believes the other is hiding assets or domestic violence is an issue, litigation can provide tools that protect the victim spouse that aren’t available outside the courtroom.

What Issues Can Be Resolved with a Collaborative Approach?

All the issues that would otherwise be determined in court can be settled using the collaborative process, including property division, spousal support, child custody, and child support. As it allows for customization, the process can help the parties take their specific needs into account and address the nuances of their case. The collaborative process can also help ensure you put the best interests of your children first and foremost and minimize the emotional impact your divorce may have on them.

Significantly, the collaborative process isn’t just for divorce. It can also be used to modify custody and support orders after they have been entered, address grandparents’ visitation rights, and help create parenting plans for special needs children. In addition, parties may use the collaborative approach when drafting a prenuptial or postnuptial agreement or resolving paternity issues.

Once a resolution is reached using the collaborative process, the parties will draft a settlement agreement with their attorneys and submit it to the court. Upon being signed by the judge, it will become a binding order that both parties must abide by.

Contact an Experienced Missouri Divorce and Family Law Attorney

If you would like to learn more about the collaborative approach in family law matters and divorce, it’s best to consult with a knowledgeable attorney who can advise you regarding your options. Divorce and family law attorney Mark A. Wortman provides skillful representation and compassionate counsel to clients in the greater Kansas City, Missouri area who are facing divorce and a variety of family law matters. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.