To Love, Honor and Cherish Till Death Do Us Part?
So you vowed before God, family and community to love, honor
and cherish each other….forever. Only now, 2 kids, 2
demanding full-time careers, years of silence, shouting, disappointment,
disillusionment and a $350,000 mortgage later you realize that in your
idealistic youth ….you may have made a mistake.
So now what? What happens when happily ever after turns out
to be …not. What happens when you’ve tried the counseling, you’ve tried
adjusting your perspective, you’ve tried staying as busy as possible and now
you both have come to the conclusion that you would both like to try something
else – somewhere else.
Well, as long as we’re in the world of true love fairy
tales, what would happen if you really could honor your vows – even if you now chose
to live apart? What if you could treat each other with honor and respect and
yes, even love, as you negotiate through the delicate process of restructuring
a family?
Even in the best of situations, a potential family
restructuring such as separation, divorce or remarriage can take an enormous
toll on the emotional and even physical well being of all family members.
Everyone is stressed, confused, afraid and overwhelmed. Family conflict and
divorce scenarios involving loud recriminations, emotional escalations and
expensive litigation only serve to make a bad situation worse.
But what if there was another way…. What if there was a way
to mend or at least preserve family relationships that have become fragile,
regardless of whether the family continues to live together in the traditional
sense.
Well, there is another way. Whether you suspect some
distance, time apart and professional support may provide a chance for
perspective and healing or even if you have decided that there is no
alternative left but to forward separately, there are a number of new tools
available to assist families through difficult times.
These tools approach family transitions from the view that
family is forever, even for families that live apart, and these tools work to
honor that reality. Rather than viewing the process of separation and divorce as
a destructive, take no prisoners, rending of the marital vows, the process is
viewed as a collaborative restructuring. As with any restructuring, the external
form of the family may change, but the underlying goals and values remain the
same. Even in the midst of drastic change, there can still be a respect for the
truth that once a couple is married, and even more so if they have children
together, there is always a part of their selves and their history that is
shared. In some sense, even if it is remote, there will always be that past family
bond. Not even divorce can take away that reality. If children are involved
then there is an undeniable, living truth to the connection that was once was.
Especially when children are involved, family really is forever.
So you think it might be time to explore the possibilities
of a family restructuring, even if you hope it to be just a temporary respite,
in order to regroup and move forward together. So what are these tools and how
would they work for you?
Some of the tools, such as counseling and mediation, are
already well known, but not widely used until it is far too late. When conflict
has escalated and family relations have deteriorated significantly, sometimes
more intensive assistance may be appropriate. In this case, new non-legal alternatives
involve marriage and family coaching or parental and blended family consultants
are available. However, if numerous non
legal options have been explored and it appears that separation or divorce may
be imminent but you are loathe to contemplate divorce litigation, a process
called Collaborative Law is available to fill the gap.
Collaborative Law is a revolutionary approach to family
conflict that is receiving national media attention and recognition in the
family courts due its success. Collaborative Law offers all the benefits of
non-legal support, as well as all the benefits of having your own legal advisor
to provide legal advice and advocate for you, without the risk of the conflict
escalating into contentious and expensive litigation. In many cases, the
non-legal and legal professionals will all work together with the family
members towards finding a solution that is best for all members of the family.
Sometimes that collaborative effort even results in finding a way to live
together after all.
“What” you say? Lawyers working to keep families together?
Now that really is a fairy tale! “But, it’s true!” Collaborative law offers a creative, solution oriented legal
process focused on healing and …. collaboration. Each party has their own
attorney advocate to represent and guide them through the transition period. If
other financial or therapeutic professionals are needed, or desired, they can
be brought into the process as well. Collaborative law attorneys have
specialized training, designed to maximize their ability to achieve long term,
satisfying solutions for their clients. Usually they are trained in both
mediation and collaborative law.
“Exactly how does this work”, you say? Well, in order for
the process to be truly “collaborative”, each attorney must sign a “no court” contract
restricting them from representing their client in litigation. This contract
provides several incentives for both client and attorney to work together to
achieve a solution that will meet the client’s needs and stand the test of
time.
“What” you say? Lawyers who won’t litigate? What’s the point
in that? The point is results! Fast, inexpensive, long lasting results. Results
that maintain personal and relationship integrity for all parties. The collaborative
law approach is designed to provide the advantages of legal resources and
advocacy to resolve family conflicts in a healthy, mutually satisfying, less
expensive, solution oriented process. It is simply not possible to achieve ANY
of those goals through litigation.
The hallmark of the collaborative process is respect. The
goal is to help each family member negotiate through a time of transition or
restructuring in a way that maintains, rather than destroys, personal
integrity, financial resources, vital family bonds and family history. The goal
is to develop a process with the family that allows them to move forward with
respect for each other, even if they move forward apart.
Now this sort of process won’t be for everyone, but if you
think it might be for you, then here’s how to find more information and a
trained, collaborative law attorney to work for you. www.co-divorce.com, www.faelawfirm.com, www.collaborativepractice.com