Consider a Collaborative Divorce If You Have Kids
Most divorce proceedings prompt an upheaval of the family unit as a whole, and children are especially at risk of suffering from the emotional impact of a divorce. This is why parents should take extra caution when ending a marriage. Learn how you can make use of a collaborative divorce to protect the mental well-being of your children.
Defining Collaborative Divorce
Divorces do not need to be adversarial in nature. In fact, some couples find it possible to resolve the pending issues in an amicable manner. If this is possible, it is the best option for everyone involved. A collaborative divorce is simply a way of resolving issues through negotiation to avoid further conflict. It usually will also incorporate some sort of mediation. By participating in a collaborative divorce, you can often avoid much of the hostility that arises in a litigation setting. Thus, if you are truly concerned about the well-being of your children, a New Jersey family law attorney will recommend a collaborative divorce.
Consider the Advantages
In addition to reducing the stress associated with a divorce, the collaborative process provides other benefits. For one, it can save money by cutting out the expenses involved with court proceedings. Collaborative divorces can also be resolved in a more efficient manner. This means that you will be able to conclude the process a lot quicker. Furthermore, this process gives both parties the opportunity to openly communicate in a safe, supportive setting. Therefore, it is easier to flesh out problems and address them head-on to achieve full closure. Court proceedings can cause children to feel like they need to pick a side. When children see their parents working together in a collaborative divorce, it lets them know that they are all still a family.
A Brief Look at the Process
A collaborative divorce can be done in a much less formal process than a traditional divorce proceeding. First, both parties need to retain their own counsel for representation. Next, each spouse should meet with the attorney to construct a plan for the negotiations that follow. At some point, both parties (accompanied by their respective counsel) will meet to discuss the divorce. This meeting may also include other professionals who can assist with the negotiations. It is fairly common to have a mediator sit in on the process to help the parties reach a settlement agreement. In the end, documentation will be filed with the court to formalize an uncontested divorce proceeding.
How Mediation Differs
Mediation and a collaborative divorce are easily confused, but they are two distinct processes. Mediation can be carried out between the two parties and a mediator. In contrast, a collaborative divorce meeting will include each party and their New Jersey family law attorney. As discussed, it is not uncommon to incorporate mediation into a collaborative divorce. In this sense, you can get the benefits of both processes.
Engaging in a collaborative divorce sounds like a good idea, but it can be hard to implement in reality. These proceedings really depend on the ability of the parties to keep an open mind and participate. If you and your spouse have serious communication problems, a collaborative effort may not be a viable option. However, if a couple is truly committed to minimizing the emotional toll on the children, a collaborative divorce can facilitate a smooth separation process. It will also save money that can be allocated to other needs for the family.
A Final Recommendation
In the end, divorce will always be a challenging process. Yet, if you can look beyond the intense emotional aspects, you can reap the benefits of a collaborative divorce. What this type of divorce really offers is control. The parties have the ability to decide the important issues instead of a judge. Both parties also get to feel secure that their rights are protected by a New Jersey family law attorney. All in all, if you are able to negotiate and compromise, you can make things easier on the family as a whole.
For more assistance with divorce-related issues, contact the New Jersey law firm of Morgenstern & Rochester in Cherry Hill. Call us at (856) 489-6200 or fill out our contact form for more information.