Child Specialists and Collaborative Divorce

Collaborative divorce is a relatively new process that allows couples to end their marriage by working together. Both spouses who wish to end their marriage negotiate an acceptable agreement with help from professionals.

What Are the Benefits of Collaborative Divorce?

If you and your spouse are considering filing for divorce, there is an alternative to engaging in adversarial proceedings. This is known as collaborative divorce, which is an effective way to end your marriage in a less acrimonious nature. This process helps couples achieve a divorce through negotiation and compromise. The benefits include:

• Each party has more control over the outcome of the proceedings
• Both spouses can agree on the issues and make compromises rather than allowing the family court judge to made decisions for them
• Less costly than enduring protracted litigation
• The process takes less time than a drawn out legal battle in the court system
• A less stressful process because each party plays an active role in the final outcome
• Couples can agree on a settlement for approval by the family court
• Less negative impact on the children

Both spouses and their respective legal counsel sign an agreement, which requires the attorneys to withdraw from the case if they are unable to reach a settlement. At this point, the case will continue to proceed in family court. If both parties can agree on a settlement, the divorce continues as an uncontested procedure without lengthy litigation.

The Child Specialist’s Role

The Child Specialist acts in a neutral manner to bring the needs of the children into the forefront of the divorce proceedings. They meet with the children to learn about their concerns and fears as it pertains to the marital split. Their goal is to minimize the stress the children may experience while answering questions about how the divorce will affect their lives. The Child Specialists assists the spouses in working out a parenting plan that is in the best interests of the children. They reassure the children that the divorce is not their fault and work to ensure that the children have a voice in the process.

When a Family Law Attorney Can Provide Guidance

Even when couples agree to engage in the collaborative divorce process, they may have difficulty reaching an agreement. Quite often, it is the children who suffer most during the divorce process. They may have difficulty communicating with their parents and are afraid to voice their fears about how their lives will change once their parents have divorced. Whether you and your spouse are successful at reaching an agreement during this time, it is always a good idea to have legal guidance from a skilled family law attorney.