Some divorces have unique issues. For these divorces, the Collaborative Divorce Process can be beneficial.
Such unique issues might include a divorce wherein one spouse requires a guardianship, or a case wherein one of the spouses has a mental illness. Why is the Collaborative Divorce Process good for such situations? In the Collaborative Divorce Process, there is a Collaborative Team. The Collaborative Team consists of both spouses, their attorneys, a financial neutral, and a mental health neutral.
In a court case, you do not have a mental health neutral. However, in the Collaborative Divorce Process, it is important that you have the mental health neutral who can guide the Team and help the spouses with the unique issues presented by the requirement of a guardian if the spouse is incapacitated; or has mental health issues. The Collaborative mental health neutral can also assist the incapacitated person’s collaborative divorce attorney with the unique issues.
The Team, with the help of the mental health neutral, can address the unique situation where the spouse who is incompetent and has Dementia, Alzheimer’s, or Diminished capacity due to stroke; and the mental health neutral can assist the court appointed attorney or privately hired attorney for incapacitated person and the court appointed guardian and the guardian’s attorney in the guardianship case with their participation in the Collaborative Divorce Process. This makes the whole experience less traumatic and less stressful for the incapacitated spouse who must go through this ordeal rather than a courtroom setting.
The Collaborative process is also good when one spouse has a mental illness. That is because there is a mental health neutral who can aid the spouse with their mental health issues; and assist the Collaborative Team as they deal with this spouse’s unique issues throughout the Collaborative.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.