In a Collaborative Divorce, the two parties and their respective attorneys sign a “Participation Agreement” whereby they agree not to go to Court and promise that they will work to settle the case out of Court. The key difference between Collaborative law and another form of Alternative Dispute Resolution (e.g. Mediation) is that in the Collaborative Law process, if the case is not settled, both lawyers have to withdraw from their respective client’s representation. Therefore, all four (4) individuals, the two lawyers and the two spouses, are vested in the process. The disadvantage of Collaborative Divorce is that not all cases are conducive to this process. If there is reasonable doubt as to the trustworthiness of one side, or if the dynamics of the spouses’ relationship with each other do not lend itself to a Collaborative Divorce (e.g. there has been a history of domestic abuse), this process may not be suitable. When a case is settled through the Collaborative process, one of the attorneys prepares the Marital Termination Agreement (MTA) and a proposed Divorce Decree. Once all parties and their respective attorneys have approved and signed off on the documents, they are sent to the Court for final approval.
If you have questions about whether a Collaborative Divorce is the right approach for you, our Minnesota Divorce Attorneys can help. Call 651-647-0087 today or click below to request a consultation at our St. Paul, Minneapolis or Eden Prairie offices.