Divorce proceedings have the potential to be absolutely devastating. Divorcing individuals often go through significant emotional, social and financial upheaval. If they have children with one another, the divorce can also be harmful for them. Children often have a hard time adjusting to shared custody and dealing with the emotions that arise when their parents divorce.
There are certain ways for parents to approach the divorce process that may limit the harm caused to their children. The three options below may help keep divorce proceedings amicable.
1. Negotiating a postnuptial agreement
Spouses who have marital contracts do not have to litigate divorce matters. They have already set enforceable terms that they can then integrate into the petition that they submit to the family courts.
Couples who are already married and are going through a difficult time are not in a position to draft prenuptial agreements. However, they can negotiate terms for a postnuptial agreement. They can sign a contract while married that sets them up for an amicable divorce in the future.
2. Agreeing to a collaborative divorce
Collaborative divorce proceedings have become increasingly common in recent years. Instead of litigating and battling against one another in court, the spouses commit to working cooperatively.
They negotiate with one another, attempt alternative dispute resolution and fully commit to resolving their divorce disputes outside of family court. Provided that the spouses are able to reach agreements on property division and custody matters, a collaborative divorce agreement can eventually culminate in an uncontested divorce filing.
3. Attending divorce mediation
Mediation is actually one of the alternative dispute resolution techniques sometimes used in a collaborative divorce. However, spouses do not have to sign an agreement to collaborate to mediate divorce disagreements.
During mediation, spouses work together to compromise on their disagreements and establish reasonable terms for the major outstanding issues in their divorces. The process is confidential and gives the spouses control over the terms that they set.
With the right attitude and a commitment to cooperation, spouses may divorce without causing destruction for themselves and their children. Discussing the different options available for an amicable, cooperative divorce can be beneficial for spouses and their children. Ex-spouses who have to regularly interact to raise their children together may benefit from avoiding adversarial approaches to divorce in favor of a collaborative divorce or other more amicable options.
