Courts in every state encourage couples to work together to resolve divorce disputes, and when you can agree, you'll notice that the process is much more comfortable. If you and your spouse can't agree to all the terms of your divorce, you may find it helpful to hire a mediator—or, a neutral third party—to facilitate a conversation and resolve your disputes.
Collaborative divorce is an alternative process that removes the element of litigation and settles cases respectfully, transparently, and privately. Unlike a contested divorce, the Collaborative Practice dispute-resolution process is based on a pledge in which you, your spouse, and your attorneys contractually agree to negotiate a mutually acceptable settlement without having courts decide on issues. The thing that really sets Collaborative Divorce apart from an uncontested divorce or a Mediated divorce is the incorporation of additional experts such as a CPA or licensed therapist.
Our team of mediators will sit down with you and your spouse to attempt to resolve any outstanding issues and save you from a lengthy court process. Mediation is often ordered during divorce or child custody litigation. However, some couples choose to engage in mediation in an attempt to avoid involving the Court in their family affairs.
Mediation is an opportunity to discuss pressing issues with a skilled and knowledgeable neutral third party. Our firm works with several surrounding counties to offer mediation services to the Kansas City area.
For a divorce to qualify as uncontested both parties must agree on all issues regarding property and debt division and, if relevant, child support, custody, and visitation. The divorce case must be completely settled on all issues prior to the case being filed. The Petition for Dissolution can be filed jointly, along with a signed marital settlement agreement and, if necessary, a stipulated parenting plan. In an uncontested dissolution the attorney would meet with you, advise on all issues in your case, draft all necessary pleadings in your case, review said pleadings with you, submit and communicate with the Court on your behalf to resolve the case, and then appear at any court hearings for you. As long as you are represented it is highly unlikely the client would need to appear at Court at all.
Mediated Divorce is for those couples who recognize there are complicated issues in the process of separation and divorce, which will require the support of an expert to assist both parties in facilitating productive communication, providing legal guidance and helping the parties to comply with the requirements for finalizing a divorce in their particular county.
In a Mediated Divorce process, the mediator will address the legal aspects of the divorce centered around assisting the parties with a full-disclosure of assets/debts and options for distribution of the marital estate, determining support responsibilities (when appropriate) and the drafting of necessary paperwork to submit to the court to conclude the divorce. This can be done through in person meetings with both parties to discuss outstanding issues.
The mediated divorce process is cost-effective, streamlined and comprehensive. This process is an option for couples looking for the guidance of a legal expert through mediation to support them in finalizing a divorce and reaching a full settlement while avoiding the cost of two attorneys.
At The Binder Firm, we offer prenup and postnuptial agreement drafting. If retained, we will meet with you individually to discuss your goals for your prenuptial agreement. We then draft or review an agreement with you. If drafting, we will work with you to ensure the agreement reflects your wishes and send to the opposing attorney for review with your intended spouse. Once an agreed upon draft is complete we offer notary services to finalize your prenuptial or postnuptial agreement.
When you've tried to go the mediated, collaborative or uncontested route and you aren't able to get results due to lack of cooperation from the opposing party it may be time to take it to Court. The litigated route is at times necessary and when it is required our firm stands ready to fight for you. We will advocate for what you believe to be in the best interest of your children.
Whether it be a child custody case, divorce, or modification, our firm has years of experience that we can use to guide you to the best possible strategy.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Copyright © 2018 The Binder Firm - All Rights Reserved.
The Binder Firm (816) 866 8264
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