What Is The Role Of The Judge In Collaborative Divorce in Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana?

What Is The Role Of The Judge In Collaborative Divorce in Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana?

Role of the Judge in Collaborative Divorce

When many people think about the divorce process, they picture a litigated divorce that goes to trial. This is a simple enough scenario to envision, involving two warring sides who are fighting over their finances, property, and children. Once they make their case, a judge then decides in favor of one of the parties or resolves the case in a way that leaves neither party feeling like a victor. This begs the question: what is the role of a judge in a divorce where the parties are collaborating to reach a consensus on the major issues? Does the judge matter? Will you even see the judge? Once a settlement is reached in a collaborative divorce, the next step is drafting a comprehensive written settlement agreement, which must be signed by both parties as well as their collaborative divorce lawyers. During the negotiation process, the judge is not involved at all. Instead, the parties are working with the collaborative team in settlement meetings. Then the judge comes into play. The judge will review the settlement paperwork and make sure the agreement is “unconscionable” (the legal term for incredibly one-sided). If there are no issues with the paperwork, the parties in the divorce may not actually see the judge at all. Often, the judge will sign the settlement paperwork and divorce decree with affidavits. In other cases, the judge may hold an uncontested hearing where the parties have to appear once.

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If you are interested in starting the collaborative divorce process in Missouri, Illinois, Kansas, Oklahoma, Nebraska, or Indiana contact us online or call any one of our convenient locations throughout the region. We have locations in St. Louis, Chicago, Kansas City, Indianapolis, Springfield, Columbia, Wichita, Topeka, Oklahoma City, Tulsa, Omaha, Lincoln, or nearby.


Helpful Information Regarding Alternative Dispute Resolution From our Webpage

For more information about Alternative Dispute Resolutions, please look at our other pages:
Mediation & Collaborative Divorce
Find about mediation and collaborative divorce.
Questions About Collaborative Practice
If you have questions about collaborative practice, we can help answer them here.
Benefits of a Collaborative Divorce
Find out about the benefits of collaborative divorce.
What is a Divorce Coach
Find out how a divorce coach can help in collaborative practice.
Questions About Mediation
You can find out here how mediation works in divorce and family law matters.
Mediation as an Amicable Process of Divorce
Find out how mediation can help lead to an amicable result in divorce and family law matters.
Preparing for ADR in Divorce
Find out how to prepare for alternative dispute resolution in divorce.
Voluntary Mediation vs. Court Ordered Mediation
Find out the difference between voluntary and court ordered mediation in divorce and family law matters.
Divorce Mediation
Find out about the potential benefits of divorce mediation.
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