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Potential Divorce Reform Could Harm Collaborative Divorce Methods

For most couples, encountering marital problems are never an easy task to tackle. However, some can work through them together in a fair manner. Married couples in Ohio understand that going through a divorce could mean dealing with several hurdles and disputes when it comes to ironing out all the details. Most would not consider prolonging the process once they have reached an agreeable divorce settlement, but proposed legislation could cause this.

The Coalition for Divorce Reform has made it their mission to make it more difficult to obtain a divorce. In doing this, they seek to save more marriages. According to them, a no-fault divorce, which is the modern trend, is a disaster. In order to save the sanctity of marriage, the Coalition developed model legislation that would primarily affect married couples with children.

Married parents with minor children would be required to complete an educational program, which is then followed by an eight-month period designated for reconciliation and reflection. These phases need to be completed before any divorce action could be filed.

Commenters on this proposed reform suggest that this could lead to disastrous situations. Not only does the proposed legislation fail to consider situations of domestic violence but it also fails to address situations where spouses could easily reach an amicable divorce. Collaborative law seeks divorcing spouses to work together and reach a common goal. This method does not only reach a divorce settlement quicker but also reduces the chances of post-divorce issues. Lastly, it could save the divorcing couple money by avoiding a lengthy divorce or litigation.

Whether or not a couple is having difficulty reach a divorce settlement, they should understand that they have options. This does not always mean litigation and counseling. Divorcing couples could use alternative dispute methods such as mediation to reach an amicable divorce. Those unsure about these processes or their options should seek guidance about what steps they should take.

Source: Huffington Post, "Permission to Divorce," Margaret Klaw, April 25, 2014

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