Your roadmap to a positive divorce

Unless you’ve been through a divorce already, chances are your knowledge of what happens when a couple separates is based on the experiences of family, friends or even watching television. It’s pretty easy to assume that most divorces are adversarial and that court is the normal way to get the job done.

But it doesn’t have to be. Many of the processes available (e.g., collaborative law or mediation) can make a divorce and separation less stressful, less difficult and increase your control over the outcome.

When you and your spouse have decided to separate, there are several options available, including:

• Collaborative Divorce
• Divorce Mediation
• Lawyer Assisted Divorce Negotiation
• Divorce Arbitration
• Divorce Litigation

Each family law process option has different costs, timelines and challenges. Before choosing a particular process you should consult with your lawyer to determine which best suits your needs and interests.

The following summary is designed to provide you with a general idea of what the separation/divorce process may look like:

1. Meet with a family lawyer to obtain advice about the process, the law and your options (either after the separation or before).
   
2. Identify the issues arising from the separation (e.g., property division, parenting, child support) and the information you and your partner will need to exchange in order to effectively address them.
   
3. Negotiate the issues with your partner in a series of mediation or collaborative meetings. Going to court should be a last resort.
   
4. Once agreements are reached, review them with your lawyer and have them reflected in a binding written agreement or court order.
   
5. If desired, complete the process with a divorce granted by the court on the basis of your agreement.

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