What are the legal requirements for a collaborative divorce?

In Ohio, the legal requirements for a collaborative divorce are the same as for any other divorce. Both parties must agree to the process and sign a Memorandum of Understanding (MOU) that outlines the terms of the divorce. The MOU must be signed by both parties, their attorneys, and the Collaborative Law Practitioners they have chosen. To be eligible for a collaborative divorce in Ohio, couples must also meet certain criteria. They must not have a pending Domestic Violence or Civil Protection Order, the parties must have already obtained a dissolution of marriage, both parties must be willing to negotiate in good faith, and they must agree to the process of collaborative divorce, which includes participation in a series of four meetings called Collaborative Settlement Conferences. Additionally, Ohio law requires both parties to have separate legal representation from a qualified attorney. Both attorneys must be trained in collaborative law and have experience in family law cases. The attorneys should be able to provide the parties with all the relevant legal information to help them make informed decisions during the process. Finally, couples must understand that the collaborative process is a voluntary process. Neither party can be forced to come to agreement, and they can back out of the process any time before reaching a settlement agreement. They must also understand that the process is confidential and that all documents and discussions will remain private.

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