Collaborative Divorce vs Traditional Divorce: A Better Solution!

April 8, 2020

Collaborative divorce can be a better choice for many couples in Overland Park and North Kansas City, depending on the particular circumstances. Getting divorced is never easy, either legally, financially or emotionally. When children are involved, it can be even more complex and difficult. If you and your spouse are considering getting divorced, you owe it to yourselves and your family to explore your options for resolving your marriage as amicably as possible. The long term benefits will be more than worth it.

There are essentially four divorce alternatives: Do-It-Yourself, mediation, litigation and collaborative divorce. Because of the potential of making mistakes, it is risky to try to handle your divorce yourselves. The only exception might be in a marriage of short duration with little or no assets and no children. If you are going to try to do-it-yourself, at a minimum you should have an attorney to review the final documents before filing with the court.

Mediation is when the parties work with a third-party neutral divorce attorney mediator, who helps them reach an agreement. The mediator may be a lawyer, a retired judge or other professional negotiator trained in divorce and family law. It is critical that the divorce mediator be neutral and not an advocate for either party to the divorce. In mediation, each party should consult with their own attorney during the process, and certainly before signing a final settlement agreement. Mediation can be a good choice if the parties have already mutually agreed not to ‘fight’ over any issues, and it is a better alternative when there are children to be considered.

A litigated divorce is the most common in Overland Park and North Kansas City, but it is usually more expensive, more antagonistic in many cases, and can take much longer to conclude. Although a litigated divorce does not always end up in court – sometimes couples are able to reach an out-of-court settlement – when it does, it results in a judge making the final decisions and both parties lose any control over the proceedings or the final outcome.

The fourth option is a collaborative divorce. In this process, both parties agree to work out a divorce settlement without going to court. Both of you will hire your own attorney who is experienced and has formal training as a collaborative divorce practice. Other professionals include a financial neutral and divorce coach, who support the collaborative process so a couple end their marriage as peacefully as possible. In collaborative divorce, as in mediation, all of your financial information is disclosed voluntarily.

One of the more significant advantages of a collaborative divorce in Overland Park and North Kansas City is that it can be more cost effective and streamline. It is estimated that an average divorce costs between $15,000 and $30,000. Opting for collaborative divorce can be much for affordable than the cost of a litigated divorce.

Most couples are able to reach creative solutions and settle their differences without conflict through a collaborative divorce. Your best interests, as well as those of your spouse and your children, are assured when you have taken the time and made a sincere effort at resolving your issues to your mutual benefit and satisfaction. Through collaborative divorce, once an agreement is reached, your settlement agreement is submitted to the family court judge assigned to your case, who will grant your divorce. Jurisdictions in the Greater Kansas City Metropolitan Area differ as to whether or not a formal hearing is required to conclude the divorce.

When you are seeking an experienced, compassionate collaborative divorce attorney, or want more information about mediation, collaborative mediation or collaborative divorce, you may contact my office or visit my website. Collaborative divorce services are provided throughout the Greater Kansas City Metropolitan Area in both Kansas and Missouri.