4 Specialists That May Be A Part Of Your Collaborative Divorce
Because divorce is frustrating and painful process for everyone involved, it can be tempting for either party to simply give on attempts to negotiate and ask the court for a trial. However, divorce trials are lengthy, costly, and potentially very hurtful experiences, and you should do everything within reason to avoid them. A collaborative divorce is usually in your best interests -- keep in mind that once you set foot in divorce court, you won't have any control at all over the results of the proceedings.
A collaborative divorce doesn't just involve you, your soon-to-be spouse, and your respective attorneys. Depending on the specifics of your situation, several different specialists may be called in to help guide the proceedings toward the best possible resolution for everyone.
Divorce Mediation Specialists
Unless you and your spouse haven't been married long enough to accumulate assets, have no children or pets, and agree on the terms of your divorce, there will most likely be a professional mediator involved. This person will work with both you and your spouse to attempt to reach a fair settlement. Mediators work best when both parties are prepared to make reasonable concessions. Their services are far less expensive than paying for a full-fledged trial.
Child Psychologists
When custodial decisions concerning minor children must be made during the course of the proceedings, child psychologists are brought in to offer expert opinions and advice. Most modern custodial negotiations involve some type of joint custody rather than the automatically sticking to the standard custodial arrangements that became popular when divorce rates in Canada and the United States began to increase drastically. A good child psychologist can assist in customizing custody arrangements in ways that are specific to each family's unique situation.
Financial Consultants
Financial consultants provide an invaluable service to couples who are getting divorced. They can help people come to reasonable child support agreements, assist on making decisions on how to dispose of or divide marital assets, and helping each person plan the financial transition involved in becoming single again after a period of marriage. This can be particularly helpful if one spouse has been staying home taking care of children rather than working outside the home.
Animal Specialists
Pet custody is becoming an increasingly valid legal issue in Canada. Some couples have an extremely difficult time deciding between themselves who the domestic pets should live with once the divorce is final. This can be true even in cases where one spouse had the pet prior to the marriage. The animal specialist will evaluate the situation and make a recommendation based on several factors that include:
- The age and health of the pet -- older pets may fare better if left with the spouse who is staying in the marital home.
- The jobs of the respective parties -- people who travel frequently for business or work long hours may not be the best choice to provide a home for a pet or pets.
- The living situations of each party -- if one spouse is moving to a small apartment and the other to a house with a fenced yard, the specialist may feel that the latter is a better choice.
The specialist will also evaluate the behavior of the animal or animals around each of the prospective guardians to see if there are indications of stronger bonds with either one. In some cases, joint custody might be a workable option -- for instance, dog breeds such as Labrador Retrievers that generally love everyone and thrive in a variety of environments might be great candidates for a shared custody situation, where a sensitive, fearful cat would never adjust well to going back and forth between two homes.
Remember, you'll save money and experience much less stress by having a collaborative divorce rather than a divorce trial. Sometimes, going to trial can't be helped, such as in complicated situations where domestic violence or other mitigating circumstance is an issue. In such a case, the help of a divorce lawyer would be invaluable.