Marital Reorganization

San Francisco, CA.

In California what is popularly known as “divorce” is technically know as an action for marital “dissolution”. At Liaise Divorce Solutions whenever we service a couple that have children that wish to end their marriage, we use the term marital “reorganization” and do not use divorce or dissolution.

Reorganization is a term loosely borrowed from bankruptcy law. Under the bankruptcy codes there are two types of bankruptcy. There is a “liquidation” where the assets of a business entity are sold to pay off creditors and then the company goes out of business and ceases to exist. Then there is the “reorganization” situation where the business just gets some protection from its creditors for a period of time, is allowed to escape some contracts, pay some debts pennies on the dollar, propose a plan and re-emerge as a streamlined, changed and re-focused business.

We at Liaise know that the fastest, easiest, most productive and least painful way to accomplish an intelligent end to a marriage is through mediation. The mediation process itself is easier for couples that have children when both parties agree that whatever decisions made will be done with the “best interests of the children” foremost in their minds.

Once couples agree to the best interests of the children guiding principal, and there is never contention on that issue, we take the next logical step. The Liaise mediator explains that since the marriage was fortunate enough to create children there are certain family roles that will never change. After the mediation process the parties may no longer be husband and wife, but now and forever they are, and will remain, Mommy and Daddy. This means that they will always be a family. They may have different duties, responsibilities and privileges than they do now, but they are still a family. Just a reorganized family.

Liaise is all about helping our customers to plan for their future. As a matter of fact you can think of the marital settlement agreement that is negotiated during mediation as a family reorganization plan. The plan is detailed and comprehensive. It is designed to give as much guidance as possible to the parties and to be flexible enough to help when unforeseen circumstances arise. But most importantly, it is designed to allow the smooth transition into the re-organized marital role of post marriage Father and Mother so that the children of the marriage are comforted to the greatest degree possible and experience the least amount of disruption to their lives.

David D. Stein has been an attorney for over 20 years and is the founder of Liaise© Mediated Solutions. He is a trained best divorce lawyer, dispute resolution specialist and lecturer on non-violent conflict management techniques and tools.