When many come to the realization that a divorce is inevitable, many want the pain of it to end as quickly as possible. They don’t want to be in court. They don’t want to prolong the anguish. They just want it to end right away
The sentiments certainly make a lot of sense. It does not make sense to think that any party would want a divorce to go on any longer than it must.
The reality, however, is that most family courts are extremely backed up. With divorce rates at about fifty-percent in the country, and out-of-wedlock birth rates at about forty-percent, there are a lot of divorce and paternity cases filed in the family courts.
In many jurisdictions, there are a limited number of judges who can hear these cases. With only 365 days in a year, and courts closed on weekend and holidays, it can be hard to have a case heard.
This can lead to lots of clients settling quickly just to get the case done. They might not think long and hard about the terms. They might not consider throughly all the ins and outs of what they are agreeing to get the case done. They also might not consider the long-term impact.
They might not even consider all the variables that go into child support and spousal maintenance — and whether the numbers were fairly and accurately calculated. They might just agree to something to get the case done.
Unfortunately, this can lead to many parties experiencing disputes after the case is over. These disputes can lead to motions to modify where parties try to change the terms of the original settlement as to custody and parenting time, spousal support and child support.
If a party is unable to comply with a court order in terms of child support or spousal support, for example, this can lead to motions for contempt in court. This is where a party tries to enforce a prior court order.
Motions to modify and motions for contempt can feel like going through the divorce or paternity case again. It can take a while to have these cases heard. They can cost significant sums in attorney’s fees. In many ways, these cases can cost as much or more as the divorce or paternity case itself.
While motions to modify and motions for contempt are not ever completely unavoidable, to the extent a party can avoid it, they should. This is where collaborative divorce can help.
Instead of just getting the case done quick, parties can work hard in the collaborative process to get it done right. Getting it done right can happen through the help of the attorneys who are trained in collaborative practice. It can also happen through the help of professionals like the divorce coach, child custody professional and financial neutral.
Through this process, important issues can be thoroughly addressed and considered. The short and the long-term can be considered. Instead of getting the case done quick, the parties can focus on getting it done right.
If you are going through a divorce, and are interested in a collaborative divorce, you can contact Stange Law Firm, PC at 855-805-0595.