In Minnesota, the collaborative process offers a less stressful option for divorce. Unlike traditional divorces, which are often adversarial and expensive, collaboration focuses on negotiation and cooperation outside the courtroom.
This approach allows both parties to work together with their own attorneys to reach a mutually beneficial agreement. This also differs from mediation, where a neutral third party assists in resolving disputes.
A non-adversarial way to address issues
Collaborative divorce provides a structured way to find common ground for various issues, including:
- Spousal support
- Property division
- Parenting plans
- Child custody
- Child support
The process depends on compromise. Once spouses sign a settlement agreement, it’s filed with the family court, which finalizes the divorce without requiring spouses to enter a courtroom.
What is the significance of the “participation agreement?”
In a collaborative divorce, spouses sign a participation agreement that sets the foundation for the process. The main features include:
- Commitment: Both parties must agree to resolve their issues through negotiation and cooperation rather than litigation. By signing this agreement, spouses agree to work together constructively.
- Good faith effort: The agreement requires both parties to be honest, open and transparent, particularly when disclosing financial information and other relevant details.
- Non-litigation clause: A defining feature of the participation agreement is a clause stipulating that neither party will resort to court. If either party decides to pursue litigation, their attorneys must withdraw, and both parties must hire new legal representation. This encourages spouses to stay committed to the process.
- Framework for discussions: The agreement provides a structure for discussions, ensuring that all negotiations remain focused on problem-solving and reaching a resolution that benefits both parties.
- Involvement of professionals: It often outlines the role of various experts who may be involved in the process, such as financial advisors or child specialists, and sets expectations for how these professionals will contribute to the process.
The participation agreement is essential as it establishes the rules and expectations, ensuring both parties are committed to resolving their divorce amicably.
What are the benefits of collaboration?
Collaborative divorce offers several advantages for spouses and their children, such as:
- Reduced stress and conflict
- Spouses control when and where negotiations happen
- Quicker resolution than traditional divorce
- Lower costs
- Discussions and agreements are private
- Better communication between parents
- Less emotional toll on children
Guidance from skilled divorce attorneys trained in the collaborative process is essential. They help facilitate peaceful discussions and keep both parties focused on reaching an agreement that works for everyone. This ensures that the divorce process remains constructive and less disruptive, paving the way for a healthier post-divorce relationship between ex-spouses.