Essential resources to help you

In collaborative law, both parties sign an agreement to resolve the matter together. Each spouse hires an attorney trained in this process, and as part of the agreement, the parties affirm their mutual resolution not to use the court or threaten court action. If either party violates the terms of the agreement, then both attorneys must withdraw. This system also has pros and cons. If the parties are dedicated to resolving their issues, this method may be very effective as it takes the court process entirely off the table. Attorneys are free to aid in coming up with solutions, rather than out-performing or out-strategizing the opponent. On the other hand, should a party withdraw, the cost can be high to secure new counsel and get them up to speed on the case.

Mediation is a method of alternative dispute resolution in which the parties engage in voluntary decision-making facilitated by an impartial third party, which aids in communication and negotiation. The mediator supports the parties’ own decision-making process. Mediators assist in this capacity through communication training, utilizing active listening, reframing, coaching, summarizing, and clarifying. The mediator facilitates communication but has no legal power to compel or enforce a decision.

No. In fact, most cases settle before going to trial. Before moving to the courtroom, the parties may first attempt to resolve the conflict themselves, either alone or with the aid of legal counsel. If they are unable to resolve the dispute, they often seek additional support from a mediator. Very often, after the parties attend mediation, the parties are able to resolve their issues. In the event the parties do not reach an agreement, they proceed to trial.

Divorce impacts children differently. Some of the more common behaviors exhibited by children during their parents’ divorce include acting out, withdrawal, depression, or assuming a parental role. Many children are furious at their parents (or one of their parents) about the divorce and could benefit from a safe place to voice that anger.

Generally, both parties may make day-to-day decisions during their residential time. For larger decisions, such as non-emergency medical care, allowing the child to get a tattoo, or what school or extracurricular activities they shall attend, the court may split decision-making authority or allow one party sole ability to make decisions in a particular area. The family law court considers several factors in granting decision-making authority. They are:

Yes. In addition to calculating child support and establishing a parenting plan, you will also need to attend the required Parent Education and Family Stabilization Course at the court where you have filed for divorce. You do not have to attend the same class your spouse does, and your children should not be present. To sign up for the class, you may find information on the court’s website in your area.