Not exact matches
The special procedure list remains intact although there are those who
feel that it makes liberation from marriage just too causal and too easy and that, since the
parties generally strain themselves to turn up for their wedding ceremony, the
divorce petitioner might reasonably be required to strain himself to give live evidence in support of his petition.
They are «taken into account» and may be a significant factor in a
divorce case to the extent that the English judge
feels that it is proper to do so, depending on the circumstances of the case.It also means that if a prenuptial agreement is renegotiated and revised after the
parties marry, it will likely be enforced.
I would encourage
parties to look at collaborative law as a process, prior to filing the complaint of
divorce because it enables them to move into the
divorce process more as a team effort than
feeling that one
party is getting the hammer of litigation hanging over them.
The collaborative process is an increasingly popular way to go about
divorce proceedings to settle these matters outside of a courtroom, and can make both
parties feel better overall about the entire process.
This can be difficult as
divorce / separation is a frustrating time for most
parties and many want to
feel accepted, agreed with, vindicated, and that someone knows their pain.
She suggests in cases of extreme conflict between
parties, parents should vent with friends, family members, a therapist, their lawyer or
divorce coach and refrain from talking to the children about their frustration or
feelings towards the other parent so that children don't hear anything that is critical of the other parent.
The environment in this type of
divorce is win - win; meaning, the objective is for both spouses to part ways
feeling the
divorce settlement was fair for both
parties.
The initiator of the
divorce feels fear, relief, impatience, resentment, guilt, doubt and the other
party feels betrayed, losing control, victimized, low self esteem, insecure, angry and tries to «get even» with the initiator.
In both mediation and collaborative
divorce, there is the potential that the
parties may fail to come to an agreement; however, more often than not, a couple who commits to this type of negotiation experience success with these methods,
feeling more confident in their agreement, happier in the results and having spent less in legal fees.
Statistics show that
parties who mediate spend less money on their
divorce,
feel vested in the settlement, are far less likely to engage in litigation in the future, and enjoy a healthier relationship.
For
divorce mediation to be effective, the
parties have to voice their
feelings and concerns.
The goal of every
divorce mediator is to assist the
parties in creating an Agreement that they both
feel is fair and of course, is enforceable in court if need be.
On a different but related note, one of the reasons Collaborative
Divorce does in fact work so well for so many clients is the way the process includes both neutral professionals (to help keep the case from
feeling like an us versus them exercise) as well as non-neutral advocates for the
parties.
A previous post on this blog explained in some detail the role of the collaborative
divorce coach, but I want to emphasize here that the whole team, including the attorneys,
parties, and neutral professionals, should always keep their eye on the ball that these non-tangible factors, which we often label collectively with the term «interests,» must be tended to throughout the collaborative
divorce process to maximize the chances of the case staying on track and ending up with a settlement that
feels good enough to both
parties.
Having solid (but flexible) legal advocates who are aligned with only one
party, helps the
parties feel grounded in the
divorce by virtue of having a clear ally, without
feeling polarized from their spouse.
It's the concept that you were partners — even if not good ones — throughout your marriage and you should be able to end it together as well, deciding how to split assets and how the co-parenting should work out in a way in which neither
party feels too disappointed when it comes time to sign the
divorce papers.
The CD can help the
parties prepare for each meeting in the collaborative
divorce process by prioritizing the issues and discussing ways to address concerns and
feelings in the meetings.
In my work as a
divorce lawyer and mediator,
parties often comment the requirement to take a parenting class because they are
divorcing makes them
feel like they are viewed as bad parents.
I would encourage
parties to look at collaborative law as a process, prior to filing the complaint of
divorce because it enables them to move into the
divorce process more as a team effort than
feeling that one
party is getting the hammer of litigation hanging over them.
Instead of hailing the
divorce party trend as a healthy way to cope with the emotional effects of
divorce, taking a more holistic approach to addressing emotional needs and
feelings of sadness, betrayal, and grief is a more effective solution to minimizing the effects of
divorce.
In some cases,
divorce has been discussed and one of the
parties feels that it is the best or only alternative.
The
Divorce Coach helps each
party cope with their
feelings and associated struggles emanating from the separation and dissolution of the marital relationship.
But in the end, a monetary acknowledgement of the betrayal was included in the settlement and both
parties divorced feeling financially secure and honoring the good marriage they had before it began to dissolve.
Divorce coaches, who get to know the
parties and witness their interaction in the meetings, can gently elicit from the
parties feelings that could fester if buried.
As reported in U.S. News & World Report, Collaborative
Divorce embraces the concept that a couple once considered themselves partners during their marriage, and should be able to end it together as well, deciding how to split assets and how the co-parenting should work out in a way in which neither party feels too disappointed when it comes time to sign the divorce
Divorce embraces the concept that a couple once considered themselves partners during their marriage, and should be able to end it together as well, deciding how to split assets and how the co-parenting should work out in a way in which neither
party feels too disappointed when it comes time to sign the
divorce divorce papers.
So far from these topics being off - limits, any MHP seeking appointment in a court case needs to fully inform the
parties prior to their consent [123], of information about the following kinds of potentials for bias and agenda: whether the MHP has been married or
divorced, and how many times, and under what kinds of circumstances, and how the MHP currently
feels about those events; whether, if
divorced, the MHP went through litigation over custody or property, and such details as whether the MHP had problems paying or receiving child support, as well as the custody arrangements of the MHP's own children and how these worked out and everyone's
feelings about them; the MHP's own personal experience taking care of and spending time with children, within and without the scope of «parenting», and with regard to parenting, whether that was parenting as a primary caregiver, married or single parent, with or without household and third
party help, or as a working parent or stay - home parent, and for how many children, and for how long, and the outcomes from all of that; i.e. how much time has this person actually spent caring for children on his or her own, and how well did this person's own family systems function, and is this person in fact an «expert» in creating a functioning family and raising happy, healthy, successful children with good outcomes, nay «best» outcomes, thoroughly well - adjusted and having reached the very pinnacles of their innate potential.
However, many
feel the courts or legislature have missed an opportunity to implement a broader and statewide uniform policy not requiring savvy and special efforts to protect basic privacy information of Colorado
divorcing parties.