Planning for Divorce With Children
Realizing that you have reached the point of divorce can be a tough decision, especially if you have children. You may be worried about their mental and physical well-being, which may be particularly true if you are not the breadwinner of the family or if you are divorcing an addict.
These situations can create new complications and turn divorce into a much longer and complex process than it needed to be.
However, you do not have to go through this alone.
The divorce attorneys at Chambers Family Law can help you plan for a divorce that considers your needs and the best interests of your children. If you are unsure where to start or how your divorce can impact your family, reach out for legal guidance and support during one of the most challenging times in your life.
Complex Divorces Can Impact Your Children
Divorce is rarely a simple situation, but when children are involved, it can add a layer of complication. Your children’s best interests should always remain the top priority in a divorce case, which includes navigating who receives primary custody of the children, which parent will pay child support, and what visitation, decision, and custodial rights each parent will have. That can be a complex situation that requires specialized attention for the best outcomes for your children.
While children are resilient, a complex or intense divorce can have a significant impact on your children’s well-being.
If you and your soon-to-be ex-spouse are constantly fighting, for example, that can have a negative impact on your children’s mental health. Protecting them from fear or stress, as well as offering them room to discuss their feelings, is vital to making your divorce as easy on your children as possible.
One option to help your children navigate this emotional time is to seek out family therapy. A therapist can help your child cope with their feelings around your divorce and speak out about their needs as you are in the divorce process. That can help you and your child better understand the best ways to approach your divorce plan and how to help your children navigate this issue.
Planning for a Contentious Divorce: Divorcing an Addicted Person
Any divorce that involves children is already more complex than many other divorces. If you are also divorcing an addict, that only adds to the complications you may face as you plan for a divorce. Because of that, taking specific steps to prepare for your divorce is vital to making this process as easy as possible.
Planning for a contentious divorce means being prepared for obstacles and complex issues that can impact your case. That includes pushback from your spouse, additional considerations regarding your children and what is in their best interests, and a more complex parenting plan if you and your spouse are not on amicable terms.
Fortunately, there are steps you can take to make this process as easy as possible for you and your family.
Ensure Your Children Are Protected Throughout the Divorce Process
When you are seeking a divorce, ensuring that your children are safe is crucial to making this process as easy as possible. For example, you may need to ensure that you have the financial support to provide the necessities your children need for everyday life. That may require a court order granting for alimony or child support during the proceedings to provide the financial support you need.
You may also need to consider your children’s mental well-being, not just physical. Divorce can be difficult on children, especially when one parent is struggling with substance abuse. During this time, parental support and a family therapist can help your children understand, process, and learn how to deal with these issues and to eventually thrive.
Prepare for Unreasonable Behavior from the Other Party
When preparing to file for divorce in Georgia, especially a divorce involving an addict, you may experience unreasonable or even dangerous behavior. Your spouse may refuse to communicate, may make unfair claims about you, may take actions that put your children at risks, or may fight back and threaten to pursue primary custody of your children. Your compassionate divorce attorney from Chambers Family Law may need to prepare you for these behaviors and have a plan for facing these issues.
In these situations, you may also need to consider your children’s safety, including the potential need for a protective order. If you have reason to believe your children are not safe from your spouse during the divorce, a protective order or temporary restraining order can ensure that they do not have access to you or your children. This can provide safety but also peace of mind during this difficult time.
Keep Evidence and Documentation of the Other Party’s Behavior
If your spouse is acting erratically or making the divorce process more stressful than it should be, you may have a long and complex case ahead of you. In these situations, recording or otherwise documenting their behavior can help you pursue primary physical and legal custody and prove they are causing issues for your case. Documentation may include voice recordings, phone call recordings, video recordings, photographs, an ongoing journal, and eyewitness accounts.
Documentation is especially important if you are concerned that your spouse may be violent or dangerous, especially to your children. Documenting this behavior now can help get protection and avoid violence in the future. While this can be a scary prospect, diligent preparation can help you avoid a worsened situation.
What Can an Amicable Divorce Look Like?
Despite the specific concerns you may have about addiction and substance abuse, you may still have a positive relationship with your spouse, and you may hope to end your marriage peacefully.
Divorces are a high-stress situation, and it can be difficult to plan your divorce, especially with children, without complications. Fortunately, your dedicated divorce attorney will prioritize your needs throughout the divorce process.
So, what would an easy divorce look like for you and your family? It will primarily involve both you and your soon to be ex working cooperatively to focus on the best interests of the children and to share the support needs of your children throughout the duration of your divorce and once it has been finalized.
If you are unsure where to start, we can guide you through your case and the issues you may face below.
Figuring Out Whether You Can Co-Parent with an Addict
In some cases, you and your spouse may want to co-parent, but you may have concerns if they are struggling with addiction. In these cases, you and your spouse may be able to come up with a parenting plan that provides you peace of mind that your children are always safe. This may include specific terms and provisions that provide proof of sobriety, safety provisions, certain compliance obligations the addicted spouse must adhere to, or proof of working a recovery program or proof of rehab attendance.
You may also set out safety rules for your children, so that they can have a relationship with both parents while also staying safe and protected.
We can help you determine what is in the best interests of both you and your children.
Drafting a Parenting Plan Takes Time and Effort
If you choose to draft or prepare a parenting plan with your spouse, keep in mind that this can be a long process even in the best situations. There are many specific terms and provisions that are legally required to be included to meet the court’s approval; such as the need to define in the plan where children will spend their time throughout the year, who will have final decision making authority, how holidays will be allocated and whether both parents can attend school events, and more.
Fortunately, having a comprehensive, detailed, and well thought out parenting plan during the divorce process can help all parties remain satisfied and can provide the support your children need to get comfortable in their new normal; and more importantly can prevent any future disputes regarding interpretation or language issues which will help to minimize or eliminate future litigation between you and your ex.
Attorneys Can Be High-Quality Problem-Solvers
Even in an amicable divorce, certain obstacles can arise, and if your spouse is an addict, a simple divorce can become more complex quickly. When planning a divorce with your children as the priority, you may need someone to help you handle these issues and uncover the best path forward for your family.
Fortunately, divorce attorneys can provide the tools and resources needed to solve these problems. No matter how complex your case, our team can help problem-solve during mediation or protect your rights during litigation. Chambers Family Law is here to help secure the future your children deserve.
Atlanta’s Divorce with Children Specialists
Divorcing your partner, whether you have been married for two years or twenty, can get complex fast, especially when children are involved. When divorcing someone who is dealing with addiction issues, you have other challenges that make seeking an experienced and compassionate divorce attorney a crucial step in getting your life back on track.
Our team has navigated the professional and has experienced the personal sides of these cases, and we have the resources and first-hand knowledge to help you do the same.
If you are planning for divorce and are concerned about the well-being and safety of your children, do not hesitate to reach out to Chambers Family Law. We put your children first when you pursue a divorce.
To learn more about what is next for your impending divorce, reach out for a confidential consultation by calling our office at 470-857-8202 or completing our contact form.