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Why A Collaborative Divorce in Orlando, Florida When There Is A Special Needs Child?

When people are divorcing, many times, there are children involved. The best thing for the children is for the parents to cooperate with each other, act civil towards each other and get along with each other. The Collaborative Divorce Process offers a better forum and way for parties to do that; and amicably to resolve their issues in a cooperative fashion. 

Parties are encouraged to cooperate and focus on the positive to move forward. They are directed to refrain from repeatedly going over the negative aspects of their past. This process is much different from litigation where parties are contentious and sometimes downright nasty toward each other. That is because in litigation many times emotions are escalated by the allegations filed contained the pleadings. Then the opposing party files something back against the first party and the case is wretched up to a more hostile level. This type of acrimonious litigation can be detrimental to the children involved.  Litigation is also stressful and costly for the parties involved. 

The collaborative process is a more kind and gentler process.  This is a special advantage when the parties involved in the collaborative process have a special needs’ child. This collaborative process trumps over the litigation process when a special needs’ child is involved in the case.  That is because there are many issues in cases with a special needs’ child that are usually not found and involved in a case where there are children with no special needs. The collaborative process is better suited to deal with those issues. 

The parties, with the help of their attorneys, mental health neutral professional, and financial neutral professionals, can help the parties; and guide them to plan for the future of a child who has special needs. They could also incorporate a special needs attorney into the process who could prepare a special needs’ trust for the child. That way, the parents make sure the child is properly cared for now and in the future. This may alleviate some of the parents’ stress and burdens regarding decisions on parenting a special needs child in regards to the child’s future, including: childhood and adulthood. The parents can work on making a plan for when the child turns 18 in order to continue the child support into adulthood so that the child is properly care for after the child turns 18. That may be included in the Collaborative Settlement Agreement.  The parents could also decide about any visitation issues with the child in adulthood, so as to avoid having to go to Guardianship court regarding timesharing and visitation issues when the child turns 18.  That could all be included in the Collaborative Settlement Agreement.

If you have more questions regarding a Collaborative Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: www.AnnMarieGildenLaw.com.  

This article is for informational purposes only; and it does not form an attorney client privilege.