Divorce Done Differently by Denise French
As difficult as a divorce can be for a married couple, it can be just as upsetting and confusing for the children of the relationship. Not only are you trying to cope with a major life change, but you are also responsible for inflicting as little trauma as possible to the children of the relationship. Parents want what is best for their kids and often fear the effects a potentially long, drawn out court battle can have -with good reason!! Battling parents in long litigation can be catastrophic for the family and for your little ones.
One alternative to a litigated divorce some families find success with, is divorce mediation. Through mediation, you can often talk through each aspect of your divorce agreement without needing to take things to court or work with multiple lawyers and at a fraction of the cost and time of traditional divorce.
Mediation also allows you and your spouse to set an example for your children by reconciling your differences in a healthy and mature manner.
Creating a Parenting plan, not a custody battle
When it comes to deciding the specifics of custody and how each parent will spend time with their children, there are several options. One is fighting it out and going to court for a judge ultimately to decide what is best for you, your children and your family unit going forward. Often, if things get ugly other professionals are brought in to give an opinion of you as a parent and the other parent – amicus attorney’s (an attorney for the children) and mental health professionals are common place in custody battles. The stress, personally speaking, is breathtaking and the fees add up quickly. Many of these divorces can cost upward of $60,000, $80,000, and more. The second option is through mediation and collaborating with a team of professionals to determine what is best for your kids and your continued co-parenting relationship. Your mediator will work with both of you to create a parenting plan that works best for the entire family. Mediation is about forward looking at what life will look like for all of you. What are your schedules? What is most important to you? What special needs, wants or issues need to be addressed around your children? This is a place to really focus on the solution, not the blame game or the past. You are getting a divorce. Emotions aside, there are important decisions to be made about your family. Mediation helps you do this in an effective, timely manner.
Save the dirty laundry for another day
We often hear concerns that going to court will air all your family’s dirty laundry and past parenting mistakes. Unfortunately, this often causes damage to co-parenting relationships and can lead to anger and resentment. In mediation, the goal is not to place blame for past wrongs, but rather for both parties to focus their energy on working to raise their children in the future. The end result is the desire to preserve the family unit and make positive decisions about your child’s care moving forward.
Co-parenting for better or worse
You may not be married anymore but you still must have a relationship with the other parent for years to come. Children have a base need to feel safe and secure. Healthy co-parenting during a divorce often involves a lot of self-editing, communication with your ex-spouse, and consistent rules and expectations for kids. Unless there is a valid concern or the wellbeing of a child is in question, there is no room for negativity. Family dynamics are going to change, but it should not be at the cost of your children.
Mediators don’t take sides
Most couples fear that the court system is biased and that a contested divorce can end up pitting one parent against the other to the detriment of the children. In a litigated divorce, a judge can ultimately decide your parental rights. Mediation allows for negotiations and more control over the custody agreement.
Mediators are highly trained to act as neutrals in divorce cases. She/he will take both parents worries and concerns into consideration and work with you both to create a plan of action. If you and your spouse are willing to work together for the sake of your child, you can likely come to an agreement in mediation that you both agree is in the best interest of your child. You are also able to help craft an agreement you are vested in.
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