April 2023 | Bridges Collaborative Divorce Solutions | Collaborative Divorce Professionals in Portland

Once a couple has made the decision to part, they have different divorce options available. Which one they choose depends on their own personal situation.

The Do-It-Yourself-Divorce

A do-it-yourself-divorce is also known as the “kitchen table divorce.” The divorcing couple does all the paperwork themselves and files the documents with the court. This may work when a couple has no unresolved issues between them and can easily make their parting decisions together. They should consider having individual attorneys look over the agreement before it is filed with the court to make sure they did not miss any key issues and that they understand their rights and obligations.

Mediation

In Oregon, mediation is when a neutral third party sits down with the couple and helps them negotiate the issues that need to be resolved. The mediator can cannot give legal advice to either party. The mediator can tell the couple what other divorcing couples have done in similar situations, but the couple must ultimately make their own decisions.

When the settlement has been committed to paper, some mediators with a legal background will draft the paperwork. They will suggest that each party have their own attorney review the paperwork before it is filed with the court. If the mediator does not have a legal background, they will refer the couple to a lawyer who can draft the paperwork for them or the parties will draft the documents themselves (see DIY, above). Couples may also hire attorneys to attend mediation sessions with them.

Litigation

Just a frustrated judge….

Litigation is an adversarial process, which also results in more antagonism than other divorce options. Each party hires his or her own attorney and attempts to resolve all issues through back-and-forth negotiations. Sometimes, a mediator is called in to help. If the issues cannot be agreed upon by the parties, the case goes to trial. Then, the parties have no control over the final decisions; instead, the judge will make the decisions for them, and they must abide by all court orders. Because the parties have no control over the outcome, this can result in the parties continuing to fight long after the trial is complete.

Collaborative Divorce

A collaborative divorce is a non-adversarial process. The goal is for the parties to come to mutually agreed resolutions of their issues as amicably as possible. When children are involved, the attorneys assist parents in making a parenting plan that accommodates the needs of both the children and the parents.

Each specially-trained Collaborative Attorney is still an advocate for their client, but the attorney is more like a diplomat, there to help the parties’ sort through the issues and come to solutions that are best for their family. Neutral parties are called in to assist when necessary. For example, a third person with a financial background may assist with asset division. And a mental health coach is often an automatic party to the Collaborative team to assist with challenging emotional roadblocks.

A Collaborative divorce is a method that is the most efficient for most divorcing couples and families. The parties do not need to have everything figured out before entering the process. They can add in any additional professionals as needed. And, they can still have the advocacy of their own attorneys, without feeling the pressure of the courtroom.

For information on divorce options, or to discuss any aspect of your need for assistance for your divorce, contact us at Bridges Collaborative Divorce Solutions.

~~~

Myah Kehoe, Attorney at Law / Mediator

Myah Kehoe, Attorney at Law / Mediator
Kehoe Moneyhun Law, LLC

319 SW Washington St., Ste. 614
Portland, OR 97204

2005 SE 192nd Ave., Ste. 200
Camas, WA 98607
503-281-0624

Myah’s Website
Email Myah

Location – It’s important to find a private, quiet space where you can focus and hear without too much distraction. Sometimes, it’s the car, and other times, a den or patio works well. Try to think about best areas for reception, good lighting, as well as privacy. Decide whether you’d like to be in the same room as your spouse or partner or participating separately. There are pros and cons to each approach and it’s best to talk through logistics ahead of time so everyone feels comfortable.
Test your equipment – Whether trying to Zoom in on your smartphone, laptop, or office desktop, it’s important to feel comfortable with your equipment and have the latest internet browser or apps downloaded in advance. Ask your host for a practice Zoom or virtual meeting if you are unfamiliar with the platform they are using. At our office, we are happy to do a practice session at no charge with you to test it out. Remember to test your camera, your audio (microphone and speaker) as well as internet bandwidth. If your bandwidth is low, you may need to practice calling into the virtual meeting with your phone, in lieu of computer wi-fi for the audio.
Meeting Invite – Copy and paste your meeting invite into your calendar or notes so it’s easy to click on or access at “go time.” If your host hasn’t sent one ahead of time, it’s ok to ask or let them know you haven’t seen it as there may be confusion or messages landing in SPAM.
Food and Water – Grab your favorite snack and beverage ahead of the meeting as you may find yourself needing hydration or energy and immersed in a longer meeting than planned. You can always ask for a “bio break” during the meeting, but it will feel great to have food and water at your fingertips as well.
Background – It may sound silly, but test out your camera in the background to make sure lighting is sufficient and there is nothing too personal or private in the camera’s view. You may even play with virtual backgrounds if you have a newer computer and this feature is enabled. Older computers tend to have distracting “ghosting” around our heads. There are “light rings” you can purchase if you find lighting isn’t sufficient where you hold your virtual meetings.
Microphone – Remember to mute yourself when you’re not speaking during the meeting so that keystrokes, pen tapping, and other background noises are limited and you can feel comfortable making sounds without distracting the meeting.
Breakout Rooms – If you think you might need to have a separate / private virtual room apart from another participant (during a high conflict divorce, for example), ask your host if he or she can enable that feature ahead of time. They may need to adjust settings on their end or upgrade their service and test it out so it goes smoothly during your meeting.
Screen Sharing / Multiple Screens – It helps for a productive meeting to have a second screen, if possible (one for document viewing and one for seeing live faces in the meeting). It will also help if you open any important documents ahead of the meeting and have those windows open to be able to share them with meeting participants, if needed. The host may need to enable your screen sharing.
Recording – If you are unsure of whether the meeting is being recorded, it’s important to ask since some types of meetings (mediation, for example) are supposed to be confidential and not advisable to be recorded. If there are concerns about desiring or not wanting to have a recording, it’s best to go over these protocols in advance of the meeting so there are no misunderstandings.
Timing – Let your host and other participant(s) know whether you have a “hard stop” on the time for the meeting to adjourn, so your agenda can be carefully prioritized and your most time-sensitive questions or concerns are addressed. Creating an agenda is also important in the event of connectivity issues during the meeting so that the most pressing issues can be addressed first.

Please reach out to anyone at our office if you have questions about other aspects of virtual mediation and how to help it be successful for your family. We are here to help and want to make it less stressful for everyone involved, as it’s already a difficult time for most meeting participants.