Collaborative Divorce Law in Minnesota
We believe strongly that collaborative divorces in Minnesota are often the best practice for many families.
At times, simply working together for the best interest of you, your children, and your pocket-book is a no-brainer.
Contact the firm if you have questions about the process or if you wonder whether a collaborative divorce would be right for your family.
Benefits of Minnesota Collaborative Divorce Law
Although, collaborative divorces are not always the right solution for certain people, there are many benefits to it. Some of the key benefits to collaborative divorce law are:
(1) Lower overall cost and attorney fees
(2) The ability to control, through negotiation, your own divorce
(3) Keeping the best interest of your children in mind
(4) Lowering stress levels often associated with bitter divorces
(5) Speeding up the divorce process
(6) Avoiding Minnesota divorce courts
The above list is certainly not all-inclusive. The attorneys at the firm understand that not every divorce is the same. Sometimes, collaborative divorce is the best option and sometimes it is not. It is best to speak with a lawyer first about your particular situation to decide what works best for you.
Why Collaborative Divorce Law is Encouraged by the Courts
Collaborative divorces are encouraged by the courts because the judicial system is already overwhelmed by a back-log of cases.
As we explain to all our clients, the judges in your county often are not well-equipped to deal with your case – there is simply not enough time for them to understand all the nuances.
Furthermore, if a divorce is “litigated” in the traditional fashion, there will be many court hearings and expenses to get to a divorce trial.
Even if you “fast-track” your divorce and have your attorney push the case along quickly, you are unlikely to get a trial date quicker than six months from the time of the filing for divorce. Additionally, most divorces do not go to trial for over a year or more.
Then, if a trial is necessary, the judge will typically take another three months to issue a decision. After that, a party can choose to appeal that decision and the appeals process can take another six months or even longer. In sum, litigation should be avoided.
Why Collaborative Divorces May be Right For You
If you believe you and your spouse will be able to agree on many aspects of your divorce, this process can work for you.
Furthermore, as an aside, the firm always encourages getting along if possible. Again, it saves time, stress and money in the long run.
Additionally, if you believe that there are minimal assets and debts – or if you have no children – a collaborative divorce is almost certainly the right choice. After all, if there is little to fight over, why would you want to pay a lawyer a lot of money to help you get divorced?
Finally, collaborative divorces are undoubtedly in the best interest of minor children. Children need structure and stability. They need to know that they are safe and that both parents love them.
A bitter and contested divorce is a sure way to hurt their interest. If you believe that you can get a long – simply for your children – a collaborative divorce is a great option.
Why the Collaborative Divorce Process May Not be Right For You
The firm does not recommend all of its clients to seek a collaborative divorce.
There are times when they simply will not work because one party (or both parties) will not be able to work together. In this instance, an attempt at mediating a collaborative divorce would likely be a waste time and money. After all, at the end of the process, the parties still have to sign their names on an agreement.
In sum, you should think carefully about whether the process will be right for you and your family. It is not perfect in all cases. However, in a great many cases it is certainly a no-brainer.
Free Initial Consultations
Contact the Flanders Law Firm today. The firm offers free consultations to all potential clients. Call 612-424-0398.