Category : Contested Divorce

Home»Archive by Category "Contested Divorce" (Page 4)

Collaborative Divorce: Stuck Between Contested and Uncontested

78630844The availability of the collaborative divorce process is gaining steam as more states sign it into law. A less adversarial form of divorce, collaborative divorce still allows the couple to make all separation agreements without sitting, or heatedly standing, in a courtroom.

Although uncontested divorce is the most ideal case in which spouses can settle things peacefully on their own, a collaborative agreement involving two lawyers keeps the situation out of any court drama that often ensues during contested cases. Thankfully, a new collaborative divorce law was just passed in Washington, solidly making available a more peaceful divorce experience for all involved.

Terminology Lesson

Just so we’re all on the same page, here are definitions of most kinds of divorce:

Uncontested Divorce: A divorce in which the couple agrees on all allocations of marital property, child custody, child support, and/or alimony. Uncontested divorce essentially eliminats the need for lawyers or a judge in court. An uncontested divorce usually gives a no-fault grounds for divorce.

Contested Divorce: The opposite of uncontested, contested divorce means the couple cannot make a settlement agreement on their own due to disputes. Lawyers and a judge are needed to make the settlement for them. The process is longer and more expensive.

Mediated Divorce: A divorce where the couple hires a mediator, who is usually a divorce attorney trained in mediation, to help them settle allocations agreeably.

Collaborative Divorce: Similar to mediated divorce, except the couple hires two lawyers, one for each spouse, to help them come to an agreement and draft the divorce settlement.

Good News for Washington

Despite its effectiveness, the collaborative divorce option is only enacted in a few U.S. states. One state that just made it available and signed it into law is Washington, to the joy of many supporters.

Called the Uniform Collaborative Law Act, it enables couples to utilize mental health professionals and child specialists as well as lawyers to make the out-of-court option run even smoother. Child therapist Kristin Little remarks, “You’re helping people to be good parents through the divorce, so you’re actually preventing a lot of the damage that can occur during the divorce.”

Indeed, going through divorce is especially hard on children, who tend to be caught in the eye of the storm. “I have been doing family law litigation 25 years and court is no place for families,” says Washington based lawyer, Cynthia First. When disputes need to be resolved themselves, leaving them out of the court’s hands means less hassle and more peace.

Amicable Splitting

The best way to settle any conflict or disagreement is through reasonable compromise and speedy resolution. That kind of attitude and problem-solving leads to feelings of goodwill for the ex-spouse and life after divorce. Even though spouses often have serious disagreements over what will happen to their life’s possessions during divorce, they can find a way to temper them independently through options like collaborative divorce. The collaborative divorce process frees up more time and resources for the divorcee to focus on other things, like moving on.

Dealing With Blindsided Divorce

200227110-001Most people have been through unwanted breakups and more or less quickly recover, but what about unwanted divorce? What is the best way to cope with being so traumatically blindsided? Actually coping with it is a good start. The hard fact is, the divorce process will usually progress whether you want it to or not, if it’s what the other spouse desires. No amount of denial or pleading will change that, unfortunately.

While if there is indeed a legitimate chance to salvage the marriage, it may be worth a shot, it’s important not to postpone the inevitable. Doing so would only serve to make cutting ties more of a hassle, both emotionally and financially. The quicker and the more smoothly you can maneuver through the practical proceedings, the easier it will be in the long run to find relief from the emotional pain and find a happier future.

Step by Step, Day by Day

Family lawyer and author, Alison Heller, explains the importance of blindsided divorcees to both deal with their conflicting feelings and take proper action, instead of sticking their head in the sand, ostrich style. Referring to a client who didn’t want his divorce to happen, she warns about the results of delaying legal steps: “Greater litigation costs and the racheting up of acrimony between them, which would undoubtedly increase tensions for their two children, as well as leave less money for their savings and household budgets.” As for helpful emotional steps, she advises:

  • Salvage, if reasonably likely: The end of marriage is never something to be taken lightly, especially if it is indeed salvageable. If there is any reasonable doubt the marriage is not over but redeemable, it’s important to allow the possibility to unfold. To allow it, it’s also important to allot space for you and your partner to weigh which path is best, reconciliation or moving forward with the end.

  • Find out the why’s of your resistance: If the end is inevitable, it helps to find out exactly why you are holding on to something that has already slipped away. Sometimes you may think the love is salvageable when it’s not, so it’s important to face the fact and the heartbreak that comes with it.  Otherwise, reasons could range from religious beliefs to wanting to stay together for the kids. Understanding why you are fighting the divorce can help you take steps to address those concerns, find ways to alleviate them, and let go of your spouse.
  • Move Forward: Assess what your immediate actions should be regarding the legal and financial steps to safeguard your interests. Like the emotions involved, the external ramifications of divorce are very real and pressing, needing equal attention and care.

Finally, the blindsided can find peace in the way time can only heal, once they have moved forward. Dealing with the hard reality of filing for divorce is a test of both personal resilience and faith that things will get better.