Collaborative law is a unique process that helps divorcing couples to reach mutually acceptable agreements outside of court. North Dakota is one of the states that has recognized and implemented collaborative law as a viable alternative to court litigation. If you are considering collaborative divorce, here is what you can expect.
Initial Consultation
The first step in the collaborative law process is to schedule an initial consultation with a collaborative lawyer. During the consult, you will get an opportunity to explain your situation, share your concerns and ask any questions that you may have. The lawyer will evaluate your case and determine whether or not collaborative law is the right option for you.
Signing of Participation Agreement
If you and your spouse decide to proceed with collaborative law, you will need to sign a participation agreement. This document outlines the responsibilities of both parties and their counsel. Participation agreements are designed to set the expectations for the process and establish clear boundaries for communication, negotiation, and decision-making.
Identification of Issues
During the negotiation stage, both parties and their lawyers will sit down and list the issues that they need to address. These may include child custody, child support, spousal support, and division of assets. The lawyers will work together with the parties to categorize the issues, identify the areas of agreement, and create an action plan for reaching a consensus on the remaining issues.
Exchange of Information
Collaborative law requires that both parties exchange all necessary information in order to come to an agreement. This information can include financial statements, tax returns, real estate documents, and other relevant materials. This exchange of information is critical, as it helps to ensure transparency and trust throughout the process.
Negotiation and Decision-Making
Once all relevant information has been exchanged, the parties will begin the negotiation process. The goal of this stage is to reach mutually acceptable agreements on all the issues that have been identified. During the negotiation process, both parties are encouraged to express their views, and the lawyers work to facilitate communication and collaboration.
Final Agreement
If the parties are able to come to an agreement on all the identified issues, their lawyers will draft a final agreement. This document is a legally binding contract that outlines all the agreements that were reached throughout the process. Once the final agreement is signed, the divorce is considered finalized, and both parties can move on with their lives.
Conclusion
Collaborative law has become an increasingly popular option for couples who want to avoid the contentiousness and expense that often accompanies traditional litigation. While collaborative divorce may not be appropriate for every divorcing couple, it is a highly effective process for those who are committed to working together to achieve a mutually acceptable outcome. If you are considering collaborative divorce, contact an experienced collaborative attorney in North Dakota to schedule a consultation and explore your options.