Your divorce with children involved, creates additional complexity for you and your partner. Because you have kids and love them, it is not good enough for you to only look after your interests when you divorce with children. You've got to look after the interests of your kids too.
The fact that you are here says that you want to do what is right and in the best interests of your children. Well done.
If you want to divorce with children, here is what you must know...
1. Remember to talk to your children about divorce
As parents, we all want to do our best and protect our children from the pain of divorce. At the same time, as important members of your family, they should know what is happening as their family changes.
It is vitally important to remember that the key elements are that they will get to see both of you, that they are loved by both of you, and that the divorce is not their fault.
2. When divorcing with children peaceful co-parenting is always the goal
Kids will get over the separation and divorce when you and the other parent can co-parent peacefully. The effect of your divorce on your children wildly depends upon you.
3. Effective co-parenting communication is a must if you divorce with children
Learning how to communicate effectively with your ex-spouse will assist your kids in the transition and will highly impact their likelihood of future success if done right. This is the case even if your ex-spouse is highly combative and hostile.
4. When divorcing with children take the time to learn your children’s rights
5. When divorcing with children remember to look after yourself
Parents who care for themselves teach their kids that part of being a grown-up is nurturing ourselves. Whether through health, a spiritual practice, fitness, or other guidance, children fare better when they see their parents taking steps to rebuild their life after divorce. Model self-care not only for you, but for your kids.
6. When divorcing with children avoid court whenever possible
I probably don’t have to tell you about the extremely emotional and financial cost of court. We have all heard horror stories. And while nobody wants a messy divorce, you want to do everything you can to avoid one. Even if your ex is a high-conflict-type person, it does not mean you are headed straight to the courtroom.
There are many alternatives to divorce court where you can resolve your family law matter and get a legally binding separation agreement. Discover the available methods so you can get on with the job of living your best future life for you and your kids.
7. Empower yourself with the right knowledge
Make sure you do have an initial consultation with a lawyer so you will have an early understanding of your rights and responsibilities. Even if you do not hire a lawyer on retainer, meeting with a lawyer for an hour or two will set you up for success.
When you meet with a lawyer, ask them to outline and describe the legal processes available in your jurisdiction that will resolve your matter. For example, in my jurisdiction (British Columbia), there are many alternatives to court, such as:
Separating spouses come up with the agreement themselves and then get lawyers to draft it and give independent legal advice
Negotiation Between Lawyers
Four Way Meetings
8. Know which legal steps to take and when
Once you and your ex-spouse have decided upon which process to use to resolve your matter, your goal is to get a legally binding and final separation agreement. The best negotiations occur when you are well-prepared and well-informed.
If you are attending a legal process such as mediation, it is best to have a lawyer attend with you, or alternatively, available to consult throughout the process. That way you can get the necessary legal advice and make sure all of your bases are covered.
9. Discover what kind of lawyer to hire and how to hire the right one
Speaking of lawyers, all lawyers are not created equally. Make sure you choose the right lawyer for your unique situation and know what questions to ask them. Ask yourself and them the right questions when interviewing them. You want to make sure that they are a good fit for you, specialize in family law, have dispute resolution training, and that you “click” with them.
10. Get the guidance and support you need from professionals that are right for you
Some people want to start rebuilding their life immediately. Perhaps you are that kind of person. While you want to prioritize getting through the legal process to the goal of a legally binding and final separation agreement, you also want to focus on your future well-being. For some people, they don’t wait until the final agreement before they start rebuilding their life after divorce.
However, other times, you need extra support. Here are just some of the processes, resources, and supports I have seen my clients use:
Focus on physical health with clean and healthy food
A manifestation practice
Summary of my article about divorce with children
The biggest thing to remember is that if you divorce with children, it is a big transition. It is a transition for them too. The more prepared, balanced, and solid you are as you go through the process and beyond, the better your children will do.
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Content written by:
By Val Hemminger; Family Law Lawyer, Divorce Coach and creator of The Better Divorce Project
It is with my honour and gratitude that I live, work, and play on the traditional territory of the Coast Salish peoples–Sḵwx̱wú7mesh (Squamish), Stó:lō and Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh) and xʷməθkʷəy̓əm (Musqueam) Nations.
Disclaimer: The content of this website is only intended to act as a general overview of a legal topic and is not legal advice. It is information-based only.
All of the information is prefaced by assuming you live in a “ community property ” and “ no fault ” state, province, country, or territory. This article is written by a Canadian lawyer and has a Canadian perspective. The separation and divorce laws in the United States, Europe, Britain, Australia, New Zealand and other countries are all different.
For legal advice as it pertains to your legal situation, please consult with a family law lawyer in your specific jurisdiction.