Collaborative Divorce
Collaborative Divorce – Finding a Good Divorce Attorney
0How do you find a good divorce attorney? More importantly, how do you find the right divorce attorney for you and your situation? My bias is toward something called Collaborative Divorce because it embodies my beliefs about how a divorce should be handled – with the family’s best interests at the center and with the couple themselves making the decisions about their future, with guidance and support.
I think our judicial system is not well-equipped to deliver the best solutions for most families, and unfortunately too often the legal representatives fuel the fire rather than helping people move forward.
The people you choose to handle the legal aspects of your divorce can have an enormous impact on every facet of your life, both short-term and long-term. It’s crucial that you understand your options and the possible outcomes.
The first step is to get very clear on the outcome you want. There are the obvious things that parents usually focus on: a certain custody arrangement, a particular amount of money, various assets and possessions. These are all important to consider. However, I urge you to look deeper and think farther down the road.
Imagine the living conditions you want for your children at your home AND at your former partner’s home. It’s ideal for both places to be comfortable. Imagine how you want the transitions between homes to be for your kids – simple and smooth or tense and complicated?
Think about how much money you’re willing to spend arguing over something that may not be worth very much in the end. Decide if you want to take a chance going to court and allowing a judge who has never met you to determine the fate of you and your children. I urge you to give this serious consideration and discuss it with your ex.
I also recommend only listening to the advice of others whose relationships and lifestyles you admire and respect. If your friend recommends an attorney and you know they had a nasty, drawn-out battle over finances that left them bitter enemies, maybe that’s not the attorney for you.
There are fantastic options for couples who don’t want to drag each other through the mud or have a long, costly court battle. And the costs are not just financial – they’re also emotional and psychological. And for your children, they could be life-long.
Collaborative Divorce attorneys work with both partners to come to an agreement that’s in the best interest of the entire family, and you don’t go to court. In the full-team approach, in addition to the two attorneys, a Collaborative Divorce team includes a financial expert, one or two divorce coaches, and sometimes a child specialist.
I have completed the Collaborative Divorce training and I believe in it fully. I think eventually it will be the most common choice for couples going through divorce because it is a more gentle, caring, respectful approach to a difficult situation. I also belong to the IACP (International Association of Collaborative Professionals) and the NCACDP (North Carolina Association of Collaborative Divorce Professionals) because I want to support and promote this process as much as possible.
Collaborative Divorce Law is a much more holistic approach to divorce than the more traditional family law. The website www.CollaborativePractice.com explains in more detail what the collaborative process is, and has a search function to find collaborative professionals near you.
Some attorneys offer the ability to work together outside of court, even if they don’t have the full-team model. Be sure to ask about all of your options before going forward with a professional.
Have conversations with multiple attorneys and/or mediators and choose the best fit for you and the outcome you desire for your family.
Divorce Without Some Preparation Can Be A Very Slippery Slope
0Some friends invited my daughter and me to come skiing with them for the weekend and it’s been a lot of fun. Their daughter is the same age, so they’ve been in ski school and I was able to ski with the older kids (17 years old). I’m actually sitting in a ski lodge right now, with a great view of the slopes, and I’ve been watching the kids in ski school.
There are all ages and many different skill levels out there. Same story on the slopes. But everybody out there had to start with the basics. You’d think that would mean learning to stop (“snow plow”), then learning to turn, right? But actually, you have to learn some other things before you can even do that. You have to learn how to put your boots on and adjust them properly, then how to get your skis on without falling…and if you do fall, how to get yourself upright again with those things on. And you have to learn about safety. It’s a learning process, just like anything else we do for the first time.
Divorce is the same way. Like skiing, you want to get to the more comfortable, solid-on-your-feet-place right away so you can actually have some fun and not be so anxious all the time, right? But it just doesn’t work like that. You’re going to feel really awkward and unsure of yourself at first. And you’ve got to fall on your ass a few times to learn how to do it right. Even if other people are watching or telling you different ways to do it. It’s okay to be very picky about who you choose to learn from. You want someone you can trust, that feels right to you, that has proven they know how to do it in a way that keeps you safe and helps build your confidence.
You have to learn one skill at a time and keep building on them until you have a really good foundation to work with, where you know you can make it even if you’re a little shaky.
It’s important to do some initial preparation (learning about the equipment) before you start moving forward. I recommend giving some serious thought to a few key areas BEFORE you get divorced. In fact, the sooner the better. If you’re contemplating divorce or have made the decision, but haven’t actually begun the process yet, that’s a great time to do this. Start with these areas and certainly add others if they pertain to your situation and lifestyle: Finances (and property/assets), Legal, Communication, Child Custody and Care, Holidays and Special Events.
Think about how you want these things to be handled between the two of you and what you expect in these areas. Write it all down so you can keep adding to it (or revising it) as you go, and so you can refer back to it at any time. I know it’s often very difficult to talk comfortably, or even very effectively, with your partner at this time, but the more you can discuss, the better. You really want to minimize the surprises (like moguls or icy patches on the ski slope) as much as you can.
If you think the kids should be with you during the weekdays and major holidays, you don’t want to find out through a lawyer a few months later that your ex wants the kids during the weekdays and wants to take the kids out of town to visit relatives every Christmas. You may not be able to reach an agreement on these things up front, but at least you will know each other’s desires and intentions and maybe you can be thinking about ways to compromise and come up with an arrangement you can both live with. Maybe the kids are with one parent Mondays and Tuesdays and the other parent Wednesdays and Thursdays. Or with one parent one week, and the other parent the next week. And maybe you alternate who the kids are with each Christmas.
Most scenarios are not going to be all or nothing. It’s time to look at it from both sides and, very importantly, from the kids’ perspective. You may not want your kids gone on Christmas (understandably), but you may also know that your kids absolutely love visiting those relatives they’ve been seeing all these years during the holidays. So try to come up with ways to give each person at least a little of what they want most and try not to take away too many things that have become traditions or favorites in your family.
This preparation work will not only help you to know what to expect, but it will allow you to get much more clear on what really matters to you and on all the ways this is going to affect your life. Without any preparation, the divorce process can be a very slippery slope. You want to go down either on your feet, or on your butt, but not tumbling head over heels, totally out of control. And please remember, having some spills is part of the learning process. Just dust yourself off and try again, remembering what you just learned from that fall.