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Conflict Resolution Options

Posted on in Divorce

b2ap3_thumbnail_conflict-resolution_20160330-200810_1.jpgChoosing to split from your significant other is not a matter that should be taken lightly. It is a serious life-altering event that should be treated as such. However, it does not necessarily need to be a war between spouses either. There are several options for conflict resolution during a divorce to help make the process a bit more amicable.

The Object of Divorce

Many people focus on the overall objective when thinking of divorce. It is a split between a marriage or partnership. Yet, it entails more than just going two separate ways. Two lives have been woven together for years and now must strand by strand be unraveled from each other to ultimately become two separate entities once more. A dissolution of marriage is ultimately breaking apart everything encompassed in the matrimonial bond. Some of the issues that may have to be addressed are:

  • Alimony/spousal support;
  • Child custody;
  • Parenting time;
  • Child support;
  • Distribution of property; and
  • Division of debt.

Unable to Reach an Agreement

More often than not, there will be at least one of these issues that a couple simply cannot reach an agreement on between themselves, no matter how many “cooling off” periods and coming back to negotiate. In these instances, there are several options to be able to still reach a joint decision amicably. The options are:

  • Collaborative divorce : This option is completed out of the courtroom with the facilitation of lawyers. Each spouse retains their own legal counsel and the lawyers communicate between each other each spouses wishes. This is a good option if most issues can be agreed on. However, for issues in which you cannot reach an agreement, you have legal counsel to help you make an informed decision.
  • Mediation Divorce : This also is a process that takes place out of court. A professional mediator is hired to help the couple resolve the disputes between them in order to reach an agreement. This is a very cost effective method to avoid litigation. It takes away significant time in the courtroom as well as all of the costs associated with a trial.
  • Therapist Counseling : May sound absurd as you have already agreed that it will not work out between the two of you, however it is absolutely an option of the two of you cannot even get along enough to come to an agreement or see a mediator. If emotions are running on overload, this may be the road to take to facilitate effective divorce proceedings.

If you and your spouse have decided that divorce is the best option but cannot agree on much more than that, then you may be in need of some legal assistance. Even in the friendliest of divorces it is advised that legal counsel be used, because the decisions that you are making can affect the rest of your life, as well as the lives of your children. One misjudgment and things will be hard to correct. It is important to have an experienced and reliable lawyer, someone who will help you get the outcome you want.

If you are in need of a skilled San Jose, CA divorce lawyer, contact Ventresca Law Firm today. With over 35 years of family law experience throughout San Jose and Santa Clara County, California, we can use our expertise to guide you through this emotional process and make the decisions that are best for the future you want. Call us today at 408-395-8822 for your free initial consultation.

 

 

Sources:

http://www.huffingtonpost.com/lauren-howard/the-myth-of-the-amicable-_b_897823.html

http://www.dca.ca.gov/consumer/mediation_programs.shtml

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