Peaceful Divorce An Idea Whose Time Has Come

Ask most people what it is like to go through a divorcesale, often taking more of the sales proceeds then
and chances are you will hear a litany of horror storiestheir clients get to keep. Instead of the children of the
about high legal costs, unfair results in court anddivorcing couple getting the benefit of the equity their
lawyers who don't care enough about their own clientsparents have built, the lawyer's children are the ones
to return phone calls. Splitting up a family and thewho get to go to private school and the children of
assets that have been accumulated during a marriagesome divorcing couple will be lucky to have lunch
is probably one of the most emotional transitions amoney. It doesn't have to be this way.
person can go through. Being encouraged by legalDivorce Mediation is an alternative that allows you to
counsel to litigate instead of being reasonable onlykeep control of your own life, money and children.
exacerbates the bad feelings between a couple.Most divorcing couples have a lot to protect and this
Because of the high cost of legal assistance, it is morecan best be done by working together. Co-operation
important than ever to make sure your lawyer hassaves more than just money. The best gift you can
your best interests at heart and is not takinggive your children is to be able to co-parent with your
unnecessary steps so that they can profit by billingspouse. Instead of a divorce taking years of
more hours to your account. If there are childrenexpensive fighting, divorce mediation only takes a day
involved it is crucial that the parents walk away fromor two partial days. While it may sound impossible that
divorce court with the ability to co-parent, somethinga total solution can be crafted in a 4-7 hour period, I
that is hard to do after a long, bloody adversarialhave done it so many times with so many different
process. Finding a lawyer who takes pride in resolvingtypes of couples, I know it works.
a family law matter as quickly, inexpensively and withThe attorney who acts as mediator does not
as little blood shed as possible is unusual.represent either party but acts as a neutral facilitator
Traditionally the process of getting a divorce haswho is a resource for both. The couple can ask the
involved hiring lawyers, going to court and letting aattorney/mediator legal questions and receive help in
judge or the lawyers decide and/or negotiate thearriving at all the terms of their divorce. The mediator
outcome. The couple plays the most passive role indrafts the marital settlement agreement, which is the
the legal drama. Because the decisions are comingdocument that is attached to the Judgment. The judge
from above instead of the couple themselvessigns the agreement without the couple ever going to
fashioning a result, it is often difficult for the couple tocourt and the divorce becomes final 6 months from
comfortably live with the final outcome. When thethe day the initial papers were filed and served. When
couple is more actively involved in creating the termsthe mediator has a powerful intention to complete the
of their own divorce instead of having to put up withdivorce process instead of dragging it out, the results
the "one size fits all" solution that the legal processare miraculous.
gives them, there is a better fit and more of aAs someone who taught school for many years, has
commitment to make it work. Most people resenta Masters in Special Education and worked with
solutions that are imposed on them. It is natural thatextremely emotionally disturbed children, my primary
individuals are more satisfied when they get to decideinterest is to help couples do what is in the best
for themselves instead of being told what to do.interest of their children. It is not in your child's best
The adversarial approach does not serve theinterest to spend all your money fighting with each
co-parenting process nor is it economically efficient.other. It is not in their best interest to be caught in the
The average divorce in California costs $20,000 eachcross fire of their parent's nasty court battle. I have a
when both sides have attorneys. Of course the priceunique ability to help couples focus on what is really
will go up or down depending on how much the coupleimportant and get off the positions that keep them
is encouraged to fight vs. being encouraged to be fairfrom settling. I do what I call "Divorce In A Day" by
and settle. Divorcing couples can be extremelyworking with the couple to find each side's bottom line,
emotionally vulnerable and easily manipulated by legalletting them know what the court would probably do,
counsel who can be more interested in racking up aacting as a reality check if they have unreasonable
huge bill instead of quickly, fairly and efficiently resolvingexpectations and constantly refocusing them on what
the matter. While there are many ethical divorceis the most workable solution for their situation. I do all
lawyers who try their best to protect their clients, theirthe paperwork associated with the divorce as well as
orientation is still that of a "zealous advocate" whichhelping the couple craft their own solution.
means they will do everything in their power to try toDivorce mediation works best with honest people who
get their clients the best deal. This deal often costsare not hiding assets and just want a result that is fair.
more in legal fees than it is worth and usually results inMost couples who are in the initial stages of thinking
making the couple so angry with each other it isabout getting a divorce would do well to meet with a
impossible to co-parent.divorce mediator as opposed to hiring their own
Most people are unaware that family law attorneysattorneys. You only get one chance at getting a
are the ONLY kinds of lawyers in California whosedivorce without acrimony. Once you start to go down
fees are protected by the equity in their client's home.that adversarial road, it is that much harder to get back
By law they have the right to run up enormous feesto a place where you can function comfortably as
and then slap a lien on the family home and force aco-parents.