Skip to main content

Divorce Options - an Update for 2020

In 2014, we didn't know yet who would be running for president in the 2016 election, the Guardians of the Galaxy had just arrived, Pharrell Williams was "Happy", and the Ebola virus outbreak was reaching epidemic proportions in West Africa.

Also, in 2014 we posted a 3-part article on Starting the Divorce Process, and despite how much has changed since 2014, divorce is pretty much the same.  You have a choice when getting divorced; you decide how much professional help you want, how much control you want to have over the outcome, and how much time and energy you have to devote to your divorce.

What is different in 2020 is the continued growth in popularity of divorce process options that focus on family over fighting.  More professionals are trained every year in collaborative law and mediation. Conscious uncoupling has become a buzzword for a better divorce. More and more resources are showing up to help explain the options in divorce in more understandable and approachable ways:

A Collaborative Law Success Story - 4 part video series

Mediation Helps Solve your Conflict - Video

In 2014 we outlined the divorce process options and the differences between collaborative law, mediation and more traditional options.  Since then, in my experience of working actively in the collaborative law and mediation communities, I've seen an increase in the creativity that professionals and clients are willing to bring to problem solving.

In 2020, it's okay to say that cases 
don't have to fit into one process box.

Litigators are more open to using mediators to settle cases before trial, or using joint experts in the course of a negotiation.  Mediators are bringing in divorce coaches and financial professionals to help their clients when the issues require expert assistance.  The tools available in a collaborative law case are being recognized as possible ways to improve any negotiation.  Even in the courts, which are notoriously slow to adapt, pilot programs are exploring how non-adversarial approaches can help families.

The growth of collaborative law and mediation has been slower than some would like (the author of this article included), but and the future is bright with possibilities.  

In a divorce, we ask clients to look a year or two in the future and think about what they want their life to be like.  This helps them see the hope that is possible and determine what process might be best for them.  Looking back at the growth from 2014 to 2020, I'm also filled with hope about what is possible for the future of conflict resolution.

We've updated our Divorce Process Options chart to reflect this mindset of hope. We created two versions with different levels of information, and you can decide which you prefer.  Feel free to share either on your website, or print and share with your clients (keeping our copyright and contact information for attribution):




To post on your website or blog, copy and paste the following code:





To post on your website or blog, copy and paste the following code:




Comments

Popular posts from this blog

What is the purpose of the Divorce Nisi waiting period?

In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be...

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet .  It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice.  The 2021 Massachusetts Child Support Guidelines were recently posted.  They take effect on October 4, 2021.    If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update  – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of  Divorce Mediation Training Associates  and  Skylark Law & Mediation, PC . For a full comparison of all the  tracked changes between the 2018 and 2021 Massachusetts Ch...

Online Tool for Creating Parenting Plans

It is our hope that all families find a way to resolve conflict peacefully.  This is especially true when children are involved.  Divorced or separated parenting has many complications and the first is just deciding how to share time with a child from two separate households.  Developing a schedule can result in a lot of tension, especially if parents have trouble picturing how this new schedule will interact with their work schedules and the schedules of their children. To help make this easier, we've created an online tool for creating parenting plans that is simple and easy to use: We encourage parents, regardless of the process they are using to divorce, to use this form to assist in evaluating and settling custody disputes. The form allows you to choose between the Model Parenting Plan proposals or customize your parenting plan over a four week period by clicking directly on the form.  When you click on a section of the calendar it switches between ...