Next to death, divorce is likely the most devastating and life-changing event that someone can go through. A divorce proceeding begins an onslaught of emotions as the parties go through the process. What often happens, however, is that the negative emotions, anger, and frustration take over and the parties often end up in Court where a stranger will decide their fate. This results in both parties spending more money and dealing with additional stress.
When the parties to a divorce can set aside their negativity and keep their emotions in check, it is possible to go through the divorce that will allow everyone to come through the process more unscathed than if every issue were litigated. It is unlikely that the parties can negotiate a settlement of their issues and come to terms that they can both live with. This endeavor will likely make the whole situation worse instead of better. But, with the right help; the process and go more smoothly with each party happier with the result than they would have been had the Court decided the issues in dispute.
Couples who want to try to resolve most, if not all of their issues, and stay out of court do need help to achieve their goals. Parties can partake in a mediation process, each represented by independent counsel. Oftentimes mediation or a more collaborative type of process (not necessarily full-blow collaborative divorce) may be the answer.
Each party retains an attorney who will represent their client and offer solutions to the issues. If needed a financial advisor can be retained before mediation to determine the parties’ true financial picture and who can advise both parties how their financial settlement will affect them going forward. A parenting coordinator may be needed to offer solutions to child custody issues.
A neutral third party, the mediator, is involved to keep tensions and confrontations to a minimum. While it is highly unlikely that after the process the parties will be the best of friends, but proceeding in this way can certainly reduce disagreements and keep everyone emotionally grounded.
Once the parties reach an agreement that they both feel is fair, and one that they can live with, their mediated agreement is put on paper. The agreement is then presented to the Court. Provided that the agreement appears equitable and fair to both parties, the Court will approve the agreement, thereby ending the divorce proceedings and enabling both parties to go on with their lives.
Attorney Marc F. Plotnick and Plotnick Law – 1-727-577-3300 is ready to help. We offer family and marital law services including divorce, custody, child support, paternity actions, enforcements, modifications, and other post-divorce matters. Contact attorney Marc F. Plotnick and attorney Paul S. Horning, your family lawyers, at 1-727-577-3300 to schedule a consultation with one of our attorneys.
