Divorces can be messy and difficult to deal with especially when there are numerous assets and children involved. In such cases, a collaborative divorce and mediation process can be an effective way to resolve conflicts and reach an amicable agreement. Wyoming offers its residents the option of collaborative divorce and mediation, a process that emphasizes on resolving disputes without the need for a court trial.

Collaborative Divorce

Definition

Collaborative divorce refers to a process whereby spouses agree to create a settlement agreement without going to court. Each spouse is represented by a lawyer specializing in collaborative law, and together with other professionals such as financial experts and therapists, the couple works towards a resolution that works for them both. The process is typically confidential and voluntary, and each person is responsible for ensuring that the agreed-upon settlement is fair and meets their needs.

Process

When a couple decides to pursue a collaborative divorce, they will begin by hiring collaborative lawyers. Then, they meet with their lawyers and sign an agreement known as a "Participation Agreement", which states the terms and conditions of engagement. The participation agreement confirms that both parties commit to resolving disputes outside of court and defines the role of each collaborative professional involved. The lawyers will also help decide the process’s timeline and the participants’ conduct, which must be civil and respectful.

During the process, both parties will meet with a mediator who helps to facilitate dialogues and keep communication channels open, ensuring that everyone’s interests and concerns are addressed. Collaborative lawyers work cooperatively to exchange information necessary to reach a settlement. They help their clients assess their respective interests, needs, and goals, as well as identify ways for reaching a mutually beneficial agreement. The lawyers’ roles include advising their clients, negotiating with other attorneys, and ensuring that the settlement agreement is enforceable under Wyoming law.

Benefits

A collaborative divorce process offers many benefits, including;

• Confidentiality and privacy of sensitive information.
• A more respectful process that promotes positive relationships between couples, especially if children are involved.
• The ability for couples to maintain control over the divorce process and how their assets are divided.
• A faster and more cost-effective process compared to a litigated divorce.

Mediation

Mediation is another non-adversarial process that couples can use to resolve disputes related to the divorce process.

Definition

Mediation refers to a process where a neutral third party, the mediator, helps guide couples through the negotiation process towards a mutually acceptable agreement. The mediator does not take sides or provide legal advice but instead helps to facilitate discussions that focus on what is in each party’s best interest.

Process

The mediation process begins when the couple agrees to work with a mediator, following the filing of the divorce petition. The mediator will usually meet separately with each party to understand their positions and interests before scheduling a joint meeting. During the joint meeting, the mediator will facilitate discussions aimed at reaching a mutual agreement on issues related to the divorce, such as property division, parenting plans, or debt allocation. Upon reaching an agreement, the mediator will usually provide a written agreement detailing the terms the parties agreed upon.

Benefits

The mediation process provides many benefits, including;

• Flexibility and customizability process to meet unique needs.
• Control over the process and willingness to reach a mutual agreement.
• Reduction in the financial and emotional cost of divorce.
• Faster resolution compared to litigation.

Conclusion

Collaborative divorce and mediation processes offer couples a way to resolve disputes regarding divorce outside of court trial. In many cases, both processes provide a cheaper, less confrontational, and faster way of resolving conflicts. If you are contemplating a divorce in Wyoming, considering collaborative divorce and mediation can be an excellent first step to a happier and peaceful separation.