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Collaborative Approach to Separation and Divorce


Just because you are getting separated or divorced, does not mean you need to go to war. Oftentimes in a separation or divorce, spouses begin to view one another as adversaries that should be treated as enemies, even at the expense of their own needs and happiness as well as of their children. Even if the net takeaway is less than it could be, “winning” against your spouse can take priority. Furthermore, acrimonious divorce proceedings often become expensive. In these situations, the only winners are the lawyers on either side.

The collaborative family law and divorce attorneys at Maginnis Law, PLLC believe that making good financial decisions during divorce is critical to our client’s health and well-being. These financial divorces are critical to a fair and equitable settlement, including alimony and equitable distribution. These decisions can be particularly overwhelming and difficult for spouses who have not handled the finances in the marriage, or for families with special needs children.

A major benefit of the collaborative approach to separation and divorce is the protection of children from the emotional damage of divorce. Children are innocent victims of separation and divorce and conflict and uncertainty have been shown to stunt childhood development. Collaborative divorce offers parents an opportunity to take charge from the outset and create a working relationship that will last throughout the child’s life.

In a collaborative divorce, parents are able to work through parenting plans concerning custodial relationships and decision-making. The process empowers both parents by putting the decision making in your hands instead of a judge. You know what is best for your family better than anyone else.

Though collaborative separation and divorces can be a very useful approach, it is not for everyone. The collaborative process is most useful when both parties have the ability to work together. It is oftentimes less effective in relationships where one party is aggressive or controlling. At its most basic level, it requires honesty and openness.