When parents make the decision to divorce, the children are often the ones who end as part of an emotional and legal tug of war. One way that this can be avoided is to consider the collaborative law process to avoid litigation.
When parents agree to use collaborative law to determine different aspects of their divorce, they start by signing a contract that states they will not turn to litigation. This process is focused on solutions that will be in the best interests of the children. Parents will have access to various specialists who can provide help with coming up with creative solutions to divorce issues. For example, mental health specialists can help determine which child custody arrangements will benefit the children more. Experts in finances can help with property division and child support obligations.
Collaborative law is not the right answer for every set of parents who are getting a divorce. The parents must be open to finding a resolution and to working with each other in the best interests of the children. However, when a divorce is amicable, it will save the children from seeing their parents continuing to fight.
There are certain situations where a trial and litigation are necessary. Unfortunately, this puts the issues in the judge’s hands and it is up to each parent to present his or her case to the judge. These types of divorces — where neither party can agree on anything — are usually very acrimonious and can become long, expensive processes.
If you are interested in learning more about collaborative law, please take a look at our webpages devoted to the subject. You may learn that this is exactly what you and your soon-to-be ex-spouse need.