A non-adversarial divorce takes into account the whole family system. Trinity Family Law takes the time to learn what both spouses want and need in terms of housing. We look at the financial and emotional aspects, as well as how where both spouses live relates to work, commutes and the children. This all serves as input into discussions around what to do with the marital home.
In a highly contentious, litigated divorce, the judge may say “Sell it and split the proceeds”. Or, each lawyer can try to convince the judge to give their client what they want regardless of the impact on the other spouse or the children.
In mediation and the Collaborative Process, we want both parents to maintain strong relationships with the children, with a financially viable solution for both parents. We talk about different options with respect to the house. Sometimes a couple decides that one spouse will buy the other out of the house. Sometimes they hold it jointly for a number of years. Other times they decide to sell. But the key is that THEY decide to sell. They are not forced to sell by a judge.
Our process is driven by the parties’ goals and values, not what people think the judge might do. In fact, at the beginning, we outline our client’s most important goals and needs. These goals and needs then become, in a sense, a vision that we are striving for during settlement discussions.
We can also include neutral specialists, like a Certified Divorce Lending Professional or a Certified Divorce Real Estate Advisor, in discussions.
