Collaborative Law Attorneys Serving Johnson County & the Kansas City Area
Choose Collaboration Over Conflict
Family law doesn't always have to be adversarial. Collaborative law gives individuals and families an opportunity to resolve important legal matters outside of the courtroom through open communication, transparency, and a shared commitment to finding solutions. At Walsh & Fahey, we help clients throughout Leawood, Johnson County, and surrounding Kansas communities use the collaborative process to address family law matters while maintaining greater control over the decisions that will shape their future.
In the collaborative process, each party has their own attorney working alongside them to identify priorities, exchange necessary information, and negotiate toward mutually acceptable agreements. Rather than preparing to fight against one another in court, everyone involved commits to working toward resolution. This approach can reduce unnecessary conflict, provide greater privacy and flexibility, and help preserve important relationships—particularly when children are involved and parents will continue to share responsibilities long after their legal matter is resolved.
Family Law Matters That Can Be Addressed Collaboratively
Collaborative law may be used to address a wide range of family law matters, including:
Divorce
Property and debt division
Child custody
Spousal maintenance
Parenting plans
Business and financial interests
Parenting time and schedules
Retirement and investment accounts
Child support
Other family law disputes
Work toward an agreement without turning your family into opposing sides.
Collaborative Law FAQs
What is collaborative law?
Collaborative law is a voluntary process that allows parties to resolve family law matters outside of traditional courtroom litigation. Each person has their own attorney, and everyone agrees to work toward a negotiated resolution through open communication, transparency, and problem-solving.
How is collaborative law different from a traditional divorce?
In traditional divorce litigation, unresolved disputes may ultimately be decided by a judge. In the collaborative process, the parties and their attorneys focus on reaching agreements outside the courtroom, allowing the family to maintain greater control over the outcome.
How is collaborative law different from mediation?
In mediation, a neutral mediator facilitates discussions between the parties but does not represent either person. In collaborative law, each party has their own attorney who provides individual legal advice and advocates for their interests throughout the process.
Do we each need our own collaborative attorney?
Yes. Each party has independent legal representation during the collaborative process. Your attorney advises you regarding your rights and interests while participating in negotiations designed to reach a mutually acceptable resolution.
Can collaborative law be used when children are involved?
Yes. Collaborative law can be particularly helpful for parents who want to minimize conflict and create child-focused custody and parenting arrangements. The process allows parents to work toward solutions designed around their children's needs and their family's circumstances.
Can financial matters be resolved through collaborative law?
Yes. Property division, debts, spousal maintenance, child support, retirement accounts, business interests, and other financial matters can be addressed through the collaborative process.
Is collaborative law confidential?
The collaborative process generally provides greater privacy than resolving disputes through contested public court proceedings. Specific confidentiality requirements and limitations can be discussed with your attorney before beginning the process.
What happens if we can't reach an agreement?
A defining feature of collaborative law is the parties' commitment to resolving their dispute without litigation. If the collaborative process ends without an agreement and either party chooses to proceed with contested litigation, the collaborative attorneys generally must withdraw, and the parties retain new litigation counsel.
Is collaborative law less expensive than litigation?
It can be. Resolving disputes without prolonged court proceedings may reduce legal expenses, but the overall cost depends on the complexity of the issues, the level of cooperation between the parties, and the amount of time required to reach an agreement.
Is collaborative law right for everyone?
No. Collaborative law works best when both parties are willing to participate honestly, exchange necessary information, communicate respectfully, and genuinely work toward resolution. Our attorneys can help you evaluate your circumstances and determine whether the collaborative process is a good fit for your family.