Can We Collaborate on Part of Our Divorce and Litigate Other Parts?
A collaborative divorce is an attractive option for many couples. With a collaborative divorce, the spouses work together to create the terms of their divorce settlement, then submit this settlement to the court to be finalized. It minimizes tension, conflict, and the expenses both partners face to complete their divorce.
The lack of court control with collaborative divorce can be a blessing and a curse. Sometimes, having court oversight is beneficial because the court relies on evidence and the law, not emotions or personal relationships, to make decisions. Even a couple who can work together to effectively divide their property can have difficulty making determinations about their children’s parenting plan. If you are a couple like this, consider having the court rule on your children’s parenting plan and working that ruling into your settlement.
Submitting your Uncontested Property Division Plan to the Court
In order to complete an uncontested divorce, you and your spouse must agree on every term of your proposed divorce settlement. Even one disagreement means you have an uncontested divorce and must go through the process of having that disagreement sorted out in court.
If you agree to your property division terms, you can move past this part of the process and onto the contested areas of your divorce.
Involving the Court in your Parenting Plan Order
The court acts in your children’s best interest. It is nearly always in a child’s best interest to have a continuing, consistent relationship with both parents after their divorce. On a more micro scale, serving a specific child’s best interest could mean living primarily with the parent who resides in a town with a more academically rigorous school system or with the parent who is more involved with the child’s day-to-day tasks, like helping with homework and involvement in his or her extracurriculars.
To make an appropriate determination about a child’s parenting plan, the court considers a long set of factors about the child’s needs and the parents’ lifestyles. These include any history of domestic violence in either parent’s home, the child’s relationship with each parent and the others in their households, and each parent’s willingness to cooperate with the court on orders regarding their child. In some cases, outside parties like child custody evaluators are brought in to help the court determine the right parenting plan for a divorcing couple’s children. The parents can also help the court reach its determination by providing evidence that sheds light on the child’s lifestyle and needs, like copies of the child’s report cards and medical record.
Work with an Experienced Winter Park Collaborative Divorce Lawyer
If you are planning to end your marriage, speak with an experienced divorce lawyer to learn more about collaboration and how it might fit into your divorce plan. Every divorce is unique, and you might find that collaboration can work for you and your spouse. To learn more, contact our team at Aubrey Law in Winter Park today to set up your initial consultation in our office.