Divorce and mediation

Courts in Missouri and Kansas encourage couples to work together to resolve divorce disputes through mediation, and when you can agree, you'll notice that the process is much more amicable. If you and your spouse can't agree to all the terms of your divorce, you may find it helpful to hire a divorce mediator­—or, a neutral third party—to facilitate a conversation and resolve your disputes. Divorce mediators are typically family law attorneys who are experienced in the mediated divorce process.

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 family law attorneys and mediators will sit down with you and your spouse to attempt to resolve any outstanding issues and save you from a lengthy court process. Our attorneys are experienced in the mediated divorce process in Kansas City. Mediation is often ordered during  divorce or child custody litigation. However, some couples choose to engage in a mediated divorce in order to avoid the court process all together. 

Mediation is an opportunity to discuss pressing issues with a skilled and knowledgeable family law attorney and divorce mediator. Our firm works with several surrounding counties to offer mediation services to the Kansas City area. 

For a divorce to qualify as an uncontested divorce both parties must agree on all issues regarding property and debt division and, if relevant, child support, custody, and visitation. The uncontested divorce case must be completely settled on all issues prior to the case being filed. Settlement may be reached through the mediated divorce process or through amicable communication between the parties. Once an agreement is reached, the Petition for Dissolution may be filed jointly, along with a signed marital settlement agreement and, if necessary, a stipulated parenting plan. In an uncontested divorce the family law attorney will meet with you, advise on all issues in your divorce case, draft all necessary pleadings, review said pleadings with you, submit and communicate with the Divorce Court on your behalf to resolve the case, and then appear at any court hearings for you. in Kansas City, as long as you are represented, it is highly unlikely you would need to appear at a divorce hearing 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 a family law attorney expert to assist both parties in facilitating productive communication, providing legal guidance and helping the parties to comply with the requirements for finalizing a mediated 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 or zoom mediation 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 in Kansas City and the surrounding areas looking for the guidance of a divorce legal expert through mediation to support them in finalizing a mediated 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 premarital agreement. We then draft or review a prenup with you. If drafting, we will work with you to ensure the prenuptial agreement reflects your wishes and send to the opposing attorney for review with your intended spouse. Once an agreed upon prenup draft is complete we offer notary services to finalize your prenuptial or postnuptial agreement. Our attorneys are experienced in both estate planning and family law in Kansas City and the surrounding areas. This background makes us highly knowledgeable in the area of prenup and postnup agreements.

When you've tried to go the mediated divorce, collaborative divorce or uncontested divorce 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 family law attorneys stands ready to fight for you. We will advocate for the best outcome available to you and your children. 

Whether it be a child custody case, divorce, or modification, our firm has years of experience in Kansas City and the surrounding areas that we can use to guide you to the best possible strategy.