Family Law Matters BlogMost clients that choose mediation or the collaborative law processes prioritize the health and welfare of their children because they understand that their children continue to need their love, support and guidance when separating into two homes. Sometimes professional help is needed when developing the best possible co-parenting agreement for the children. The agreement addresses how major decisions will be made, day-to-day decisions, support and the parenting schedule moving forward. (This schedule is often referred to as a parenting access plan. Continue Reading
Articles Tagged with collaborative divorce
Co-Parenting after Divorce
An integral part of a divorce agreement is the custody and parenting piece. Parents are able tailor a unique plan that addresses how co-parenting will work post-divorce. Working cooperatively to develop a plan that reflects the parents’ schedules and the family’s needs helps to alleviate stress and provides stability for the children. Custody provisions detail how major decisions concerning the children will be made. Parenting plans can include many details about how the week will work, including: when each parent will be responsible for the children, pick-up/drop-off times and locations, holiday schedules, and communication preferences. These plans can also address special terms related to COVID, domestic and foreign travel and significant others. All of the provisions should be clearly laid out to eliminate confusion and possible frustration. Of course, some families prefer a more flexible, liberal schedule; especially with older children and that can be memorialized as well. Each family has a unique situation and the parenting plan should be consistent with the parents’ priorities and values as well as their work schedules. If the Children are young, parents can include a provision concerning when the parenting arrangements will be reviewed. Provisions that address what happens if there is a disagreement can also be included. The following are considerations for co-parenting agreements: Continue Reading
Separation and Divorce During COVID-19: What Do We Do When The Courts Are Closed Or Backlogged?
Even as some states loosen stay-at-home restrictions and businesses slowly start to reopen, many areas of everyday life remain effected by the Coronavirus. One of the major disruptions to everyday life has been the operation of local and state courts, and how issues and disputes are being resolved. While some areas are using video conferencing to conduct court business, other courts remain closed, putting a hold on the parties’ abilities to reach resolution. The divorce process has not been immune to these disruptions, as many family courts remain closed except in the case of emergency. Facts constituting an emergency are scrutinized. For individuals already engaged in the divorce process at the onset of the Coronavirus quarantining, or for those seeking to begin the process with the stay-at-home order already in effect, out-of-court divorce processes may provide resolution and relief. Continue Reading
Putting the Children First: How the Collaborative Law and Mediation Process Can Help in Separation and Divorce
Divorce impacts many aspects of the parties’ lives, including parenting. Whether the conflict surrounding a separation and/or divorce is high or low, the children need to remain a priority in the decision-making that must take place. Two processes for divorce encourage healthy ways of co-parenting. This article addresses the benefits of collaborative divorce and mediation as they relate to children. In both processes, the focus is on what will work moving forward and negativity is discouraged. This promotes a healthier transition for the children to their new normal. I have outlined some of the benefits below.
Collaborative divorce and mediation may provide a healthier way to address the needs of the children.
Both the collaborative divorce and mediation processes are intended to be non-adversarial. Rather than a contentious “winner take all” approach, these processes allow for the parties to work together to create mutually beneficial settlements. Although the divorce process is often stressful and it may be difficult for parties to work together, the professionals encourage respectful dialogue and a cooperative, problem-solving approach rather than an adversarial one. Trained professionals are employed in each process to help facilitate the discussions and keep settlement meetings productive. Because the goal of each process is to reach a mutually beneficial settlement, the negotiations are then able to focus on the needs of the children and how the parties can provide for those needs post-divorce. The goal is to keep the children out of the middle.
What are the Differences between Mediation and Collaborative Divorce?
When starting the divorce process, understanding the difference between the available process choices can help create the healthiest environment for the process to proceed. In addition to a traditional adversarial courtroom process, mediation and collaborative divorce each provide a process that focuses less on confrontation and more on an optimal result for both parties. While both mediation and collaborative divorce are non-adversarial, they each have key differences that should be considered when choosing the right process for your divorce. Continue Reading
Active Listening in the Collaborative Process
The collaborative process offers many benefits to parties that are willing to work together to reach a solution in a non-confrontational environment. When parties put in a good-faith effort to communicate respectfully, a mutually beneficial solution can be reached. Part of respectful communication includes not only speaking in a respectful way; it also means actively listening with that same respect. During the divorce process, parties are understandably stressed and/or anxious, and this may affect how discussions progress. When both parties come to the table eager to have their points heard, the equally important aspect of listening may sometimes be overlooked. With this in mind, I have compiled some considerations to aid in the active listening process during a collaborative discussion: Continue Reading