Offering Alternatives To Divorce Court In Dakota County

Divorce does not necessarily have to be a fight. When both parties in a divorce are willing to negotiate and work together to resolve issues such as child custody, marital property division and spousal maintenance, the collaborative law process provides a solution.

Meinerts Law Office, P.A., recommends that, when possible, divorcing couples consider collaborative divorce as an option for dissolving their marriage. The Dakota County firm can walk you through the steps of this procedure and ensure that both parties benefit from this process.

What Is Collaborative Divorce?

A contested divorce – the process many people are most familiar with – begins with one spouse filing for divorce. Both spouses would enlist the help of an attorney to advocate on their behalf as they navigate a series of hearings. In the end, the court decides how to divide their property, how they will handle custody and whether their finances after divorce will include spousal support or child support. This process often involves conflict and other challenges, and the outcome may not be fair to both spouses.

In a collaborative divorce, on the other hand, both parties agree to settle their differences through the collaborative law process. Each party will be represented by their own lawyer. The collaborative divorce attorneys will deal with each other directly. Each lawyer will make sure their respective client’s objectives are heard and their rights are protected.

What Are The Benefits Of A Collaborative Divorce?

The collaborative process allows the parties to determine how their family will be restructured in a divorce, rather than letting a court decide. The parties and their attorneys also work together to resolve other divorce issues outside of the court. For instance, you and your spouse can agree to use the same appraiser, business valuation expert, financial planner and other experts as you divide your marital property.

Since the collaborative process is streamlined and does not use adversarial tactics, it often costs less, and there is less emotional debris to clean up in the aftermath of the divorce decree. The collaborative process can also help parents avoid conflict and take the first steps toward more peaceful co-parenting as they navigate custody and visitation.

The Difference Between Collaborative Divorce And Mediation

When looking at a collaborative divorce vs. mediation, there are certainly some similarities. In both cases, it is not a contested divorce and litigation won’t be necessary. The couple has agreed to work together and use alternative dispute resolution tactics. This keeps more of the decisions in their hands, and they have a greater level of control over the outcome of the divorce. But they do have to be able to work together to jointly make decisions about things like splitting up child custody or dividing marital assets.

When looking at your divorce options in Minnesota, however, it’s important to note that there is one key difference. With mediation, both spouses may sit down with a third-party neutral who acts as a mediator, providing legal guidance and helping them come to a solution. With a collaborative divorce, however, both spouses will independently hire divorce attorneys. The goal is still to focus on cooperation, but each person has an attorney who is representing them and who works with the other attorney throughout this process. This is similar to litigation, where both parties would also have their own lawyer, but without the emphasis on conflict or contested decisions. The focus is still to work collaboratively and make mutual decisions.

What If Collaborative Divorce Does Not Work?

There are cases where a collaborative divorce won’t work. It’s not possible for all couples to go through this process, perhaps because of personal issues between them. For instance, if your ex blames you for the divorce and is very angry about it, there could be a high level of conflict between the two of you and it won’t be possible to work together and make mutual decisions.

So what other options do you have? What if collaborative divorce fails but you still want to end your marriage?

When you look at collaborative divorce failure rates, you can see that this does happen, but that doesn’t necessarily mean you can’t get divorced. It just means you may have to change to another tactic. It may be time to file an official divorce petition and go through litigation, taking a more traditional path to the end of your marriage. Some couples will try mediation or a collaborative divorce first, but then they’ll have to transition into a litigated and contested divorce when it becomes clear that both sides can’t work together effectively.

Consult A Burnsville Collaborative Divorce Lawyer

Attorney Merlyn Meinerts is certified by the Minnesota Supreme Court under Alternative Dispute Resolution Rule 114. Judges and other lawyers have sought Mr. Meinerts’ help because of his reputation for the effective use of both the mediation process and collaborative law.

Do you believe that collaborative divorce is a possibility for you and your spouse? Meinerts Law Office, P.A., is ready to assist you. Contact the firm’s offices to request a consultation.