Collaborative Divorce: Finding Peaceful Long-Lasting Resolution
What Is Collaborative Divorce? A Guide to a Peaceful Resolution
Divorce is often associated with conflict, stress, and costly litigation. Collaborative divorce offers an alternative approach allowing spouses an amicable separation. This structured process focuses on cooperation, open communication, and mutual respect while helping both parties reach fair agreements.
Collaborative divorce is a non-adversarial legal process using tools such as alternative dispute resolution, which is designed to help couples negotiate the terms of their divorce outside of court. Instead of relying on a judge to make decisions, spouses work together with their collaborative divorce attorneys and other neutral professionals to resolve important matters such as:
Property and asset division including real estate, bank accounts, investment accounts, stocks, electronic currency, retirement accounts, vehicles, recreation vehicles, vacation homes, cabins, etc.
Debt allocation including home equity lines of credit, personal loans, credit cards, etc.
Child custody and parenting time including legal and physical custody, parenting schedule, holiday schedule, vacation schedule, etc.
Child support and spousal maintenance including calculation of both.
Any other divorce-related concerns.
Unlike traditional litigation, where each side fights against each other for their own interests in court, collaborative divorce fosters a team-oriented approach aimed at achieving an equitable, fair, and/or mutually beneficial outcome.
If you’re considering divorce in Minnesota, understanding the process of collaborative divorce can help you determine whether it’s the right option for you.
How Does Collaborative Divorce Work?
Voluntary Participation – Both spouses amicably agree to resolve their issues outside of court.
Legal Representation – Each party may hire a collaborative divorce attorney to advocate for their interests while maintaining a cooperative mindset.
Team Approach – The process may involve neutral professionals, such as Financial Early Neutral Evaluators, Social Early Neutral Evaluators, Mediators, or Child-Inclusive Mediators to assist when parties are stuck on certain issues.
Negotiation Meetings – Spouses and their attorneys participate in mediation, which is a structured discussion aimed toward reaching agreements on property division, child custody, parenting time, spousal maintenance, child support, and other key matters.
Final Settlement – Once an agreement is reached, the attorneys draft a Stipulated Judgment and Decree (Marital Termination Agreement) to present to the court for final approval.
Benefits of Collaborative Divorce
Less Conflict – Avoids the expensive adversarial nature of litigation.
Faster Resolution – Reduces delays caused by non-compliant opposing party or court schedules.
Greater Control – Spouses maintain decision-making power rather than leaving it to a judge.
Protects Children – Encourages cooperative co-parenting and minimizes emotional harm.
Is Collaborative Divorce Right for You?
Collaborative divorce is ideal for spouses who are willing to negotiate in good faith and prioritize amicable solutions. If you want to maintain control over your future while reducing the emotional toll of divorce, this process may be the best path forward.
Who Is a Good Candidate for Collaborative Divorce?
Collaborative divorce is best suited for spouses who:
Spouses who are comfortable speaking freely with each other.
Mutually want to maintain control over the decision-making process.
Are willing to communicate and negotiate in good faith.
Have children and want to shield them from conflict.
Prefer to avoid the high costs of litigation.
However, collaborative divorce may not be the best option if:
There is a history of domestic violence or abuse.
You feel unsafe around the other spouse.
You do not believe you can communicate your needs or wants knowing the other spouse is present/listening/participating.
You easily say yes to your spouse’s demands without considering your needs or wants.
One party refuses to participate fairly by failing to disclose information freely or honestly.
How to Get Started with Collaborative Divorce in Minnesota
If you’re considering collaborative divorce in Minnesota, finding an experienced family law attorney is the first step.
Contact the Law Office of Tiffany Dust to learn more about whether collaborative divorce is right for you. Our team is here to help you move forward with confidence and clarity.
If this does not apply to you, please review our other services or additional resources pertaining to divorce.
For a full list of our services pertaining to divorce (dissolution of marriage), see below: