Rochester Minnesota Collaborative Law Attorney

Rochester Collaborative Lawyer

Collaborative divorce is a form of alternative dispute resolution. As the name suggests, it is based on collaboration as opposed to the adversarial system upon which traditional litigation is based. The collaborative divorce occurs completely outside of the court system, with the exception of the final divorce decree that is filed for the Court’s approval and signature.

Collaborative Law Process

At the beginning of the process, the parties and their respective attorneys sign a participation agreement. The agreement requires the following of the parties involved:

• an honest and complete exchange of financial information so that each spouse can make well-informed decisions;
• an agreement to maintain absolute confidentiality during the process, so that each spouse can feel free to express his or her needs and concerns;
• a commitment to reach a written agreement on all issues and concerns outside of contested court proceedings;
• consent for the attorneys to use the written agreement to obtain a final court decree; and
• an acknowledgement that, if no agreement is reached, their current attorneys must withdraw and the parties must retain different attorneys for a contested divorce proceeding.

Next, the parties meet with their respective attorneys and discuss their issues and their desired outcomes. Subsequently, the parties and their attorneys meet together in a four-way meeting, or series of meetings, to try to resolve their concerns and finalize an agreement to provide to the Court. If an agreement is reached, it is then presented to the Court without the need for either party to appear. If the parties fail to reach an agreement, pursuant to their participation agreement they must retain different attorneys to litigate their case as a contested matter.

The collaborative process can also be used for situations other than divorce such as prenuptial agreements or child custody or parenting time issues between parties that have already been divorced or parties that were never married.

Potential Advantages of Collaborative Divorce

Collaborative law is not appropriate for every divorce. However, for those spouses who are able to communicate well with each other, it offers several advantages when compared to traditional litigation, like:

• Your divorce can be finalized much quicker, therefore much less expensively
• You retain control throughout the process
• It is settlement-focused, instead of litigation-focused
• You are able to negotiate your own settlement as opposed to having the Court decide for you
• For divorces involving children, it is very beneficial as it lays the foundation for a better future by reducing conflicts that often arise in a traditional divorce

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