Collaborative divorce in Phoenix, and across the United States, is a newer concept. While not widely used, it may be the right choice when determining which avenue to follow during the dissolution of marriage. For those looking for an amicable end, it may just be the one and only way you can stay sane and handle all the stress.
Marriage was once considered a sacred bond created by God and indissoluble by mortals. Even the king of England, Henry VIII, didn't have the power or influence to have his marriage annulled, thus his reasoning for leaving the church and making his own. Today, even religious people have far more pragmatic and less firm and idealistic ideas of what marriage is. Socially, marriage was once an indispensable device for joining families and forming political units or organized households that conducted business and raised children. Now, America is far more individualistic, and so the institution of marriage is less essential and unbreakable.
This has two related effects. Since marriages aren't relied on socially and since Americans believe that individuals should have as much power over their own lives as possible, people who aren't happy with their marriages end them. Around half of marriages end in divorce, and about forty percent of first marriages end in divorce. In a more positive way, however, divorces that do occur are far less devastating than they once were. Year after year this rings true. In Arizona, for example, divorce rates skyrocketed when collaborative divorce became popular and is still rising steadily.
Mediated annulments or dissolution of marriage is a practice being adopted by more and more law firms. Collaborative divorce is a non-adversarial method of ending a marriage where the lawyers and clients work together to find solutions, rather than disputing every possible issue in court. Traditionally, clients disagree on issues such as dividing assets, child custody, and child support rates. These issues are generally settled in court by a judge after each side has argued its case. It was, and often still is, considered standard procedure to attempt to get everything you can without regard to fairness. Some spouses use the court system to hurt the other spouse in whatever way the judge deems permissible.
Mediated dissolution is settled out of court. Lawyers and Attorneys are still used because divorce law is very complicated and individual divorces generally have their own peculiar issues and circumstances. Each client's lawyer works with the other, rather than arguing against them in court. In the end a solution, satisfactory to each party and to the law, is reached.
Amicable divorce is possible today in part because of the popularity of the dissolution of marriage and that it has become somewhat commonplace. Ten or twenty years ago many married people would have considered it unthinkable until married life became absolutely unbearable. By this time, they have come to despise their spouse, and this rancor plays itself out in the splitting up process. Collaboration is impossible.
Today, on the other hand, married people tend to get divorced as soon as a marriage seems unworkable or perhaps just inconvenient. Divorcees are more interested in making a quick, clean, and inexpensive break than in arguing and hurting the former spouse.
Collaborative divorce in Phoenix has risen steadily in recent years for good reason. Instead of having your dissolution become devastating, emotionally and financially, it can be quick, easy and less painful than it has to be. While it may not be the right choice for you, it can work if both parties are interested. Just keep an open mind and the rest should come.
Andy west is a writer for Out of Court Solutions, dedicated to assisting couples interested in quick and inexpensive collaborative divorce in Phoenix resolution. For more information please visit Outofcourtsolutions.com.