Types of Divorce Processes in Des Peres

You and your spouse negotiate all of the issues with one another before either of you files with the court. Often, when all of the agreements have been reached at “the kitchen table,” one of you hires an attorney (who represents only that person) to prepare the required documentation for filing with the court. It is possible, however, to file the divorce yourself without an attorney. While we do not recommend that you file yourself, many courts, including St. Louis County in Missouri, have forms available online to obtain a divorce. This option is best suited for couples who have a high level of trust and minimal interpersonal conflict, and where both spouses fully understand the finances and property.

You and your spouse have a series of meetings with a trained mediator (who is also a family law attorney), who does not represent either of you, to negotiate and reach agreements in your case. The mediator’s role is to advise you of the law, facilitate negotiations, help generate options, draft the final Separation Agreement, and, if you have children, draft the Parenting Plan. Both spouses are advised to consult with their own respective attorneys during the process, but neither is required to do so. This option is best suited for couples who do have disagreements but are committed to resolving them outside of court and need the assistance of an unbiased neutral party to help reach agreements.

Unfortunately, this is currently the most common choice for divorcing couples. One spouse files a Petition for Dissolution of Marriage in court. Both spouses hire an attorney. Most often, this is an adversarial process where, if you and your spouse do not agree, the judge makes the final decision after a trial. The attorneys do most of the heavy lifting by preparing the case and arguments, engaging in settlement negotiations, and handling any court motions. This option is most suited for couples who have very low trust in each other and no interest in resolving issues out of court. It is also suited for situations where one spouse has been in control of the finances, as it provides for discovery.

The couple and collaborative law professionals have a series of meetings in a non-adversarial setting. An attorney specifically trained in Collaborative Law represents each spouse. The couple has the option of retaining other professionals trained in Collaborative Law to assist in the process, including mental health professionals, financial professionals, and a child specialist. This process addresses the legal, financial, and emotional issues of the divorce. The entire team signs agreements to work collaboratively with each other to problem-solve, gather information, and explore options. All agreements are reached before being processed through the court. This option is most suited for couples who are interested in resolving their issues outside of court in a non-adversarial way and for couples interested in the help of trained mental-health and financial professionals.

If you have further questions about the various types of divorce processes in Des Peres, Jones Family Law Group, LLC is the call to make. Our compassioante attorneys understand that divorce can be a sensitive and emotional topic to discuss; you can rest assured that we will guide and support you from start to finish of our case and keep all matters discussed highly confidential. Allow us to be your voice and advocate today. Contact our firm today to get started.