Arriving at the decision to divorce is never easy; we understand there are many ripples to consider in your life and the lives of those your love, but when the decision is made, it’s best to take a moment and evaluate what is the best approach to take for both the emotional and financial health of all involved. This is the time to be honest with yourself; if you think you and your spouse can commit to working together towards an expedient and fair divorce agreement, then the collaborative divorce process might be best course of action for you.
In a collaborative divorce, spouses and parents can finalize a divorce and resolve property disputes without stepping into a courtroom. It’s the concept that if you were once partners, you can and should be able to dissolve your marriage in a way that allows you to take responsibility for your own decisions and not feel too disappointed in the results of the division of assets. It’s a process that’s framed around cooperation, the understanding that no litigation will be filed during the negotiations. To this end, it is imperative that if you opt for this route, you and your spouse are completely honest and are willing to disclose all facts and assets fully.
When there are children involved, this is often the route preferred, since the optimal goal is dissolution of the marriage in the least disruptive way possible for the children. In court, though the focus remains on the best interests of the children, the judge is not necessarily invested in the emotional well-being of the parties involved. A collaborative divorce allows the parties to work together.
This process appeals to many for numerous reasons, not the least of which is the potential cost savings to the participants. Mediation, or assisted negotiation, is also a route taken by those who wish to avoid the courtroom. It can be the avenue if you feel you are able to communicate effectively with a third party supervising the exchange of information and the bargaining process. Your mediator is fair and balanced, shows no favoritism, or favors any outcome over the other. They are there to make sure communication is as expedient and clear as possible. Both Collaborative Divorce and Mediation allow the parties to factor in concerns for the financial AND emotional issues of all involved.
If you find yourself at this crossroads in your life, give us a call and let’s talk about your options. We can help you consider all of your choices and help you focus on a path and a plan that is likely to yield the best and least disruptive outcome for those affected.
At Beckman Schmalzle Georgelas & Ross PLC people matter. Whether it is a divorce, child custody, estate planning, personal injury or criminal defense, we believe that the most successful attorneys are those that recognize how much the people that they are working for matter.