How does the collaborative divorce process work in Ohio?

On Behalf of | Aug 15, 2024 | Collaborative Law

Divorce can be a very tense process in which spouses battle with one another. That adversarial approach can be damaging, especially if they share children with each other. Children can suffer worse divorce-related consequences in cases where their parents expose them to significant conflicts.

Many parents with minor children in the home want to find a low-conflict way to settle divorce issues whenever possible. Collaborative divorce is one of the options available for lower-conflict divorces in Ohio. Spouses may even be able to qualify for dissolution if the process succeeds.

What does the collaborative divorce process typically entail?

Collaborative divorce begins with a signed agreement

It is somewhat common for spouses to promise to cooperate during a divorce only to later back out of that verbal agreement and become quite hostile to each other. To prevent that from occurring, collaborative divorce requires a signed agreement.

The spouses retain attorneys to represent them and then sign an agreement committing to resolving their custody, financial support and property division matters collaboratively without litigating. If they fail to resolve their disputes through the collaborative process, they may need to retain different lawyers and begin the negotiation process all over again.

Collaboration may involve negotiations or mediation

There are many ways for those pursuing a collaborative divorce to resolve their current disagreements about divorce matters. In many cases, they discuss their priorities with their attorneys and allow them to negotiate in an attempt to settle current disagreements.

Other times, they may agree to sit down in a mediation session if direct negotiations have proven unsuccessful. The goal is mutual compromise and the establishment of terms that everyone involved agrees are appropriate given the circumstances.

Collaborative divorce also ends with a signed agreement

Once the spouses settle their negotiations, they have to commit those terms to writing. One of their attorneys may produce a settlement document that they both sign. They then present that document or divorce paperwork containing the same terms as the agreement to the Ohio family courts.

Collaborative divorce proceedings can limit the conflict between the spouses while simultaneously giving them more control over the final outcome of their divorce. Parents worried about their children and others hoping to minimize conflict may want to explore every option for managing an Ohio divorce. Collaborative divorce proceedings are one of several ways for spouses to avoid a contentious, litigated divorce.