Birmingham Collaborative Divorce Lawyer

Experienced Collaborative Divorce Attorney in Birmingham, AL

Divorce is one of the hardest things anyone can go through in life, and traditional divorce cases involve difficult court appearances and adversarial approaches. Thankfully, you have other options that might be simpler and less stressful. Consulting a Birmingham collaborative divorce lawyer can help you learn more about the benefits of collaborative divorce. 

As Birmingham divorce lawyers, the team at Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C., has prioritized bringing a unique approach to each one of our clients’ cases. We know how stressful divorce proceedings are and want to help you find options that won’t add undue strain to your situation at such a difficult time. Our local family law firm focuses on serving our clients with all the resources possible.

We are committed to staying informed on Michigan collaborative divorce laws that help our clients succeed in meeting their goals. Our attorneys are educators and problem solvers. Each year in the US, more than 2 million couples get married. Some of these marriages end in divorce, and when they do, agreements must be made. While traditional divorce avenues involve appearing before a judge and arguing your own side, collaborative divorce offers a different option that, by taking the wants and needs of each family member into consideration, yields higher and longer-lasting satisfaction with the outcome.

Understanding Divorce in Michigan 

Like many states, Michigan is an equitable distribution state. This means that rather than guaranteeing a 50/50 split of assets, divorcing couples must split assets in a way that is fair to both parties, and if the parties cannot agree what is fair, then an arbitrator or judge will define what is fair for the parties. An equitable split considers a host of variables, including each party’s age, earning history, health, their separate property (e.g., assets owned prior to the marriage that have not been commingled during the marriage, and that are not necessary for the support and maintenance of the other party), how much each person contributed to the marriage in the form of child care and income, and their respective means and capacities to increase their wealth after exiting the marriage. 

Michigan’s divorce rate in 2023 was 2.2 divorces per 1,000 residents. In Oakland County, however, the divorce rate was 3.7 for that year. We live in a no-fault state, meaning any spouse can file for divorce, so long as they believe that there is no likelihood the marriage can be saved.

How Collaborative Divorce Works ?

Rather than couples arguing against each other in a courtroom, collaborative divorce allows families to work together to find an agreement that serves both sides. Unlike a mediated divorce, you and your spouse’s legal support team, which includes each of your attorneys and can also include a financial and/or child development neutral professional who is collaboratively trained, all collaborate in joint sessions together. In mediation, you and your attorney typically experience the mediator engaging in shuttle diplomacy: i.e., going back and forth between the two “sides”. 

The collaborative divorce process starts with both spouses signing a formal participation agreement. This agreement usually says that they are committed to the actions listed below:

• Doing everything possible to resolve the divorce outside of court
• Working together peacefully
• Keeping information confidential and not creating unnecessary challenges 

Once this agreement is signed, the process can begin. Usually, both spouses have their own collaborative divorce attorney. They may also have an additional support team, which can include mental health counselors, financial advisors, child specialists, and more. Each of you can consult your own attorney separately, and you may share support resources or have them individually as well. When you come together, both of your lawyers are there to guide you.

Committing to the collaborative process means that you try to approach these meetings respectfully and reasonably. You must also make a good-faith effort to resolve disagreements peacefully without going to court. Unfortunately, collaborative divorce doesn’t work in every situation. If you start the process and it simply doesn’t work out, you may have to resort to other methods of resolution, and you must each retain new attorneys. This is so that you never have to worry that your spouse’s collaborative attorney might take you to court…it helps build trust in the team approach.

Michigan’s collaborative divorce laws prevent the attorneys who represent you in a collaborative divorce from representing you in a traditional contested divorce or after the case is over in “post-judgment” proceedings such as changes in parenting time or child support.

Hire a Collaborative Divorce Lawyer Now

While collaborative divorce can offer a simpler and less taxing approach to divorce, it’s still vital to work with a lawyer who understands the intricacies of collaborative divorce. Each spouse should have their own attorney whom they can consult separately, and who can also help them in joint collaborative meetings. 

A results-driven Birmingham collaborative divorce attorney can recommend additional professionals who might make a good addition to your support team. This may include financial advisors, therapists, or personal support from friends and family members. 

Additionally, many divorces include splitting property. Whether you have a family home in Quarton Lake or property closer to downtown Birmingham , a legal professional can provide guidance on how you and your spouse should divide property in your divorce.

One of the main benefits of collaborative divorce is having the ability to work these things out together with certain resources that can ease the difficulty. The alternative is having a judge make the choice for you.

FAQs

What Are the Benefits of Collaborative Divorce?

The benefits of collaborative divorce lie in the flexibility to come to a mutual agreement with your spouse in private. This is instead of experiencing a conflicting and stressful divorce case in a public court setting. Collaborative divorce relies on both spouses being able to safely and respectfully work together, which leaves divorcees in a better place following their divorce. The rate at which divorcees violate their divorce agreements or judgments is markedly lower when they have resolved their case using mediation or the Collaborative divorce model.

Do You Have to Split Your 401k During Divorce in Michigan?

You and your spouse will typically each leave the marriage with the same amount of marital retirement funds, so often times, yes, you do have to split your 401k during divorce in Michigan, but so does your spouse. However, you may only have to split the portion of your 401k that you accumulated during the marriage, and you may be able to keep separate any portion you accumulated before the marriage. Your lawyer might be able to help negotiate with your spouse, exchanging other assets in order to keep your retirement accounts intact while still adhering to an equitable split. This exercise is often called a “set-off” of retirement assets for other types of assets, and when this is done, great care must be taken to consider the tax consequences of pre-tax investments such as 401(k)s, 403(b)s, 457(b)s, 401(a)s, and traditional IRAs.

Who Gets More in a Collaborative Divorce?

In a collaborative divorce, equitable division of property laws apply just as they do in other methods of divorce. Like all divorces in Michigan, collaborative divorce aims for a fair but equitable split to facilitate a simpler transition out of a marriage and adhere to Michigan divorce laws. The benefit of collaborative divorce is being able to negotiate with each other for an agreement that makes sense for you both, rather than having a judge tell you what will happen to your assets. 

What Are the 3 C’s of Divorce? 

The 3 C’s of divorce are communication, cooperation, and compromise. Following these practices is even more important during collaborative divorce, where working together peacefully is necessary to reach an agreement. Maintaining a positive attitude throughout your collaborative divorce is essential to having a successful outcome. Your lawyer can encourage you to maintain behaviors that align with the 3 C’s of divorce.

Collaborative Divorce Lawyers from Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C. 

When you need to hire a collaborative divorce lawyer, like our past clients, you can trust the team at Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C. We have been pioneers in helping couples resolve their issues without lengthy court trials, which many people find easier and less stressful. This helps reduce the strain that divorce brings for anyone who goes through it. 

If you and your spouse are considering collaborative divorce as an alternative to more adversarial court battles, contact Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, P.C., to schedule a meeting. We would love to hear more about your case and discuss how collaborative divorce can work for you.