Collaborative Family Law Promotes Shared Parenting Around the World
Divorce rates are on the rise across the United States and family law attorneys handling these cases are busier than they’ve been in recent years. As a result, many children are experiencing conflict in the home. While the majority of divorces are done using litigation, there’s a new type of divorce that prioritizes shared parenting and encourages children spending time with both parents. For that reason, and many others, collaborative law is gaining in popularly not only in the United States, but around the world. National Parents Organization (NPO) has been studying this type of law for many years and recognizes its important role in promotion of co-parenting.
Understanding Collaborative Family Law
While traditional divorce proceedings have been tracked with data in the United States since the 1860s, collaborative law is a much newer method. It was created by Minnesota family law attorney Stuart Webb in 1990. With nearly two decades of legal experience, he was frustrated with the traditional divorce model and wanted to find a way to handle family law matters without involving a courtroom or judge. More than 30 years since its inception, it’s been wildly successful and has spread to Canada, Europe, and Australia. Collaborative practice is essentially conflict resolution. According to the International Academy of Collaborative Divorce (IACP), this type of law is a voluntary process in which parties settle disputes without resorting to litigation. In the case of divorce, each spouse is represented by their own collaborative-trained attorney. The two spouses and each of their attorneys come together for a series of meetings where they negotiate the terms of their divorce, divide assets and debts, and – if they have children – map out their parenting plan.
Attorney and Board Member Committed to Collaborative Law
In the United States, the American Bar Association reports that about 20,000 attorneys have been trained in collaborative law. Meanwhile, an estimated 50,000 have completed cases – exposing them to the collaborative process. One of these collaborative-trained attorneys is Ashley-Nicole Russell, a National Board Member for NPO, author, and award-winning business owner based in North Carolina. She owns and manages AN|R Law: A Negotiated Resolution with four offices across North Carolina in Raleigh, Greenville, Beaufort, and Wilmington. She brought the practice of Collaborative Law to eastern North Carolina over 10 years ago and has been dedicated to keeping family law matters outside of the courtroom. She explains her experience as a child of divorce turned divorce attorney in her book, The Cure for Divorce Culture, and on her podcast, “Divorce, Healthy!” In addition, her advocacy for how collaborative law supports shared parenting has been featured in various outlets including Forbes, The Washington Post, and ABC, NBC, and CBS news affiliates.
When we met Russell in 2016, we learned more about collaborative law and its impact on shared parenting. We quickly realized that this type of law was something we needed to support as a healthier alternative to divorce litigation. Russell researched data for her book about the issues that children of divorce litigation face as adults. She shared these shocking statistics with NPO about increased risk of complications in personal relationships, drug and alcohol abuse, depression, and violence:
Children are 200% more likely to get divorced when both spouses come from a divorced home;
50% more likely to get divorced when one spouse is from a divorced home;
18.9% of children living with one parent have a drug or alcohol problem;
18.8% of children of divorce suffered from a lifetime of alcohol dependence;
30% increase in likelihood of suicide attempts by adult children of divorce; and,
82% of 56 school shooters grew up in dysfunctional families and/or with separated parents.
Over the years, Russell has shared this important information through various NPO platforms including press conferences, podcasts, webinars, and articles. She’s also spoken at several of our events to discuss how a positive and respectful divorce experience can play a role in equal shared parenting. Now as a member of our National Board of Directors, Russell works with us to promote shared parenting legislation and raise awareness for our efforts. Russell has also helped NPO highlight collaborative law as a healthier and overall better way to handle family law matters.
Benefits of Collaborative Divorce for Shared Parenting
In a recent article published in The Economist, collaborative divorce is described as a healthier way to end a marriage without getting nasty or adversarial. With an international focus on a couple in Australia, this out-of-court process option allowed for a positive experience when figuring out a parenting plan. Plus, it was a cheaper and faster option than litigation.
When we first read this article, we couldn’t help but relate the messaging back to what we’ve learned about collaborative law and its benefits for shared parenting. Russell has educated us on many of these topics and we’re glad to see it featured in an internationally-recognized newspaper. The article goes on to state that attitudes about divorce are changing in many countries and litigation is becoming a thing of the past. As a result, newer phrases like “conscious uncoupling” and “birdnesting” are used to describe new ways to approach separation and divorce. For some couples that are splitting up, these options may seem impossible; however, collaborative law can be used for even the most conflict-filled cases. This conflict resolution approach to divorce has endless benefits for all involved.
According to the IACP, “If you want to divorce in a way that will enable you to remain co-parents and have a co-operative parenting relationship, Collaborative Practice is one of the best processes to achieve that.” Here are several ways that collaborative law has a direct focus on shared parenting and wellbeing of children.
It keeps children out of court. Children of divorce should not be exposed to a courtroom battle – they just shouldn’t. The Court System was not set up for children to witness their parents argue over finances, custody, or control. The collaborative divorce process involves conversations with the parents, who amicably achieve a divorce agreement that works for their entire family. During this, children are not exposed to the process or to the conflict.
It encourages external support. Even in a collaborative divorce, the process can still be emotional and challenging for many spouses. That’s why the process allows the establishment of a collaborative team. In addition to one’s attorney, there may also be other professionals added to the team including neutral financial experts, coaches, communication and family professionals, and child specialists. These professionals can share valuable information about the process and help guide spouses to a resolution while keeping their children at the forefront.
It develops a parenting plan. One of the main priorities or tasks of a collaborative divorce is to create a parenting plan that works for both parents. This plan is meant to protect the wellbeing of the couple’s children as well as outline a structure for a positive shared parenting relationship. This plan is developed with input from parents, attorneys, and if needed, child specialists or coaches. The parenting plan will detail decision-making responsibilities about health and education, create a parenting schedule, set standards of conduct, and commit to resolving any future parenting issues outside of court.
Choosing Collaborative Law for Your Family
The collaborative law practice can be beneficial for a variety of legal matters. While it is mainly used for divorce, the overall process can also be adapted for use when revisiting parenting plans or creating marriage agreements such as prenuptial or postnuptial agreements. NPO supports this type of law and encourages families that are considering separation or divorce to find a collaborative-trained attorney in their state. Collaborative law is available in every state and attorneys are easy to find by using the IACP online tool or locating a collaborative law association in your state. For instance, in North Carolina, Russell is a founding board member for the North Carolina Collaborative Attorney Network. This organization has an interactive map that connects families with collaborative-trained attorneys in their area. Similar resources are available in nearly every state or metro area.
To learn more about NPO and our mission to improve the lives of children and strengthen society by protecting every child's right to the love and care of both parents after separation or divorce, please visit our website by clicking here. We invite you to learn more about how you can help by donating, fundraising, volunteering, and advocating.
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The overarching goal of National Parents Organization (NPO) is to promote shared parenting by educating parents, divorce professionals, and legislators and by reforming family courts and laws in every state. NPO focuses on advocacy and research leading to systemic reform of the family courts. The organization does not provide legal aid or advice on individual cases.