Many Arizonans may have heard the term “conscious uncoupling,” which was thrust into the public lexicon recently with news of the divorce between actress Gwyneth Paltrow and musician Chris Martin. The term is meant to describe the process by which a couple dissolves its marriage in an amiable, fair way without emotional distraught. It may seem bizarre to some who have become accustomed to hearing of contentious divorces, but a collaborative divorce may be right for some couples.
Through such a process, a couple can come together and reach agreements regarding certain divorce legal issues. Amongst them may be property division, child custody, child support, and alimony. So long as the couple can comfortably talk to each other and each party has an open mind and a willingness to reach a fair resolution, any or all of these issues can be settled without going to court.
However, though court may be avoided, it is important for divorcing individuals to have their attorneys present during these negotiations. A qualified attorney will ensure any agreements that are reached are indeed fair. Even an amicable divorce can bring strong emotions, so having a third party present who can give sound advice can help a divorcing individual see the issues more clearly and allow him or her to make better, fully informed decisions.
Despite the appeal of a collaborative divorce, it may not always be in a party’s best interest. In some instances, a party may simply be entitled to more than the other side is willing to give, or vice-versa, a party may be seek more than he or she deserves. Therefore, it may be best to speak with a Tucson attorney to determine which type of divorce is best fitting for the situation at hand.
Source: 90.5 WESA, “Conscious Uncoupling and Finding A Divorce Without Courts,” April 9, 2014