Collaborative Divorce and Child Custody

Going through a divorce is never easy. There is so much to consider, not only from a legal standpoint, but emotionally and mentally as well. Add in child custody and the process can become more difficult and daunting. However, the divorce process doesn’t have to be highly combative.

Sometimes both spouses realize they just do not work well as a married couple but want to remain friends or recognize that remaining on good terms as co-parents is in the best interest of their children. In these cases, if your state offers it, collaborative divorce may be a good option. To learn if your state offers this process and how it works in your state, contact an experienced collaborative divorce attorney.

What Is Collaborative Divorce?

Collaborative divorce is still a divorce case in family law. You will still address all the legal issues involved, such as child custody and child support if you have minor children together, property division, spousal support/alimony, and debt division. In that way, the collaborative divorce process is not different than the traditional divorce process.

In the collaborative divorce process you will still go through the legal process and file an initiating document, often called a petition for divorce or petition for dissolution of marriage, with the family court.

Where the collaborative divorce differs from traditional divorce is how the divorcing couple handles discussing all of the related issues in the divorce. These divorces are usually not “contested divorces” in the sense that there is a lot of fighting back and forth and lots of court appearances like there is in a litigated divorce process.

Couples who opt to engage in the collaborative divorce process work with experienced collaborative divorce lawyers and the process is much less adversarial. Both sides commit to working together during the divorce to reach an agreed-upon resolution to all issues in the divorce. Sometimes, as part of committing to the collaborative process, you may sign an agreement stating that you will use all available options, including alternative dispute resolutions like divorce mediation, to reach an amicable resolution.

As part of the process, you, your ex, and your lawyers might seek assistance from experts like mental health professionals, a divorce coach, or a child specialist, who you can utilize to talk through concerns and problem-solve.

The goal is to get a divorce agreement. The divorcing couple will have agreed upon who takes what marital asset, who takes what debt, a legal custody plan, a parenting plan, and if either pays child support and/or alimony.

Benefits of Collaborative Divorce and Custody

There are a lot of benefits to participating in the collaborative divorce process, especially when child custody is involved.

It does not take prolonged divorce litigation to reach a settlement agreement you both want, your family law attorneys are part of your collaborative team and can work together rather than having to always be in opposition. This can save money, reduce stress during and after the divorce proceedings, and leave you with more satisfaction with how the divorce process was handled.

Divorcing parents who use the collaborative law process likely have better co-parenting relationships, as they do not end up with lingering resentment and ill feelings. Litigation can involve constant disparaging of each other in attempts to gain an upper hand for custody of kids.

From the start of the collaborative process, you and your co-parent know that you are both acting in good faith and in the best interest of your children. You don’t question motives or if there are hidden agendas. This leads to better emotional and mental health, which will have a positive effect on your children.

When Does Collaborative Divorce Not Work?

While there are a lot of benefits to the collaborative divorce process, it is not always recommended. There are times when engaging in this legal process would not be beneficial. This could include if there was domestic violence in the marriage or if there are any allegations of child abuse by a parent. Those are times when a more traditional divorce process should be utilized.

Talk to a Lawyer Today

The collaborative divorce process can be very beneficial to not only you and your ex, but also your children. It can be less stressful and less time-intensive than a traditional divorce. However, not every state has a formal collaborative divorce process.

If you’re interested in learning if your state has a collaborative divorce process, and what that entails, contact a local, experienced family law attorney in your area.